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Do I need to give an employment contract from day one?

Yes. Since April 6, 2020, employers must provide a written statement of employment particulars on or before the employee's first day of work. This replaced the old 2-month rule. Failure to do so is automatically an unlawful act.

Full answer

The Employment Rights Act 1996 (as amended) requires employers to provide a written statement of particulars to employees — and workers — on or before their first day.

What must be included in the day-one statement:

  • Name and address of employer and employee
  • Start date and (if different) the date continuous employment began
  • Pay: rate, how calculated, when paid
  • Hours of work (including normal working hours and days of the week)
  • Holiday entitlement and how it's calculated
  • Job title or description
  • Location(s) of work
  • Whether the job is permanent or fixed-term
  • Notice periods (both employer and employee)
  • Sick pay entitlement
  • Details of any collective agreements
  • Training entitlement (this was added by the Employment Rights Bill provisions)
  • Pension scheme details

Some details can be given within 2 months: A few items (such as details of disciplinary and grievance procedures) can be given in a separate document within 2 months — but the core particulars must be day one.

Workers too: Since 2020, the right to a written statement also extends to workers (not just employees) — so casual workers, zero-hours staff, and agency workers working directly for you are also entitled.

What happens if you don't? Workers can bring a tribunal claim for failure to provide a statement. While there's no standalone award, the tribunal can award 2–4 weeks' pay (capped) when any other employment tribunal claim is also upheld.

Tip: Use the ComplianceAlert document library for an up-to-date compliant contract template.

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