What to include in an employment contract

Anyone who is classed as an employee or worker has the right to a 'written statement of employment particulars' which is a document that summarises the main terms of their employment.

The written statement of employment particulars is often referred to as an employment contract however the employment contract is wider than the written terms of employment and in addition includes, terms that are part of employment law, terms that are implied and often too obvious to be put in writing and terms put into the contract from other sources such as a staff handbook.

Individuals classed as workers do not have a right to written terms if they started the job before the 6 April 2020. 

Anyone who is classed as an employee who started their job before 6 April 2020 can ask their employer for written terms that meet the new requirements if they are still employed by the employer or within 3 months of their leaving date.

Terms that must be included in the same document which is the 'principal statement of written employment particulars''.

• The employer's name
• The employee or worker's name
• The start date
• The date that 'continuous employment' began
• Job title or short description of the job
• The employer's address
• The places or addresses where the person will work
• Pay and how often and when the person will be paid
• Holiday and holiday pay and how it is calculated if the person leaves
• Working hours and which days the person must work including if and how their hours or days can change
• The amount of sick pay and leave (if this is not included in the document the employer must state where to find it)
• Any other paid leave (if this is not included in the document the employer must state where to find it)
• Any other benefits including non-contractual benefits
• The notice period either side must give when employment ends
• If the job is temporary or fixed term state how long the job is expected to last
• Details of any probationary period including its conditions and length
• Details if the person will work abroad and the terms
• Any training that must be completed by the person, this will include training the employer does not pay for

Other terms can be provided later but must be provided no later than 2 months after the beginning of the employment.

The terms that can be given later are:

• Pension arrangements (if this information is not included in the document the employer must state where it can be found)
• Any terms and conditions that apply to other people too such as collective agreements
• Details of any non compulsory training that is provided by the employer (if this information is not included in the document the employer must state where it can be found)
• Any disciplinary and grievance rules and procedures

If the written terms refer to other documents it is important that the employer states what they are and where to find them