All employees have a contract of employment with their employer, whether written or oral, formal or informal.
This legally binding agreement between the employer and employee sets out the working conditions, rights, responsibilities and duties of both parties. Collectively, these provisions are known as the terms and conditions of employment.
Employers must provide all employees and workers with specified information about their employment or engagement. This written statement of employment particulars, commonly referred to as a Section 1 Statement, must include prescribed information from the outset.
The scope of these obligations has expanded significantly. Since 06 April 2020, the right has applied to workers as well as employees, and most prescribed particulars must be provided on or before the first day of work rather than within two months. The required information is also broader: the principal statement must now cover all contractual and non-contractual benefits, together with any obligatory training and whether the employer will pay for it. Employers should therefore review contracts, offer documentation and onboarding processes regularly to ensure that every required particular is recorded and provided at the correct time.
Although Section 1 Statements and contracts are distinct concepts, a contract can discharge an employer’s obligation to provide a Section 1 Statement, provided that:
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