On 6 April 2020 legislative changes mean that new members of staff must be given a written statement of terms on the first day of employment, rather than within two months of their employment starting.


Currently under s1 Employment Rights Act 1996 all employees have to be given a written statement of terms (“s1 statement”) within two months of commencing their employment.


Employers manage the recruitment of new employees in different ways. Some will send an offer letter with a view to either a s1 statement of terms, or an employment contract being provided once the employee has started work. Others might just send the s1 statement /contract of employment out with an offer letter.


Occasionally, written terms and conditions of employment never get beyond the offer letter.


Legislative Changes


The changes which take effect on 6 April 2020 apply to both employees and workers.


Under the existing legislation employers are required by law to make sure that a s1 statement contains a prescribed list of terms.


The April changes extend the list to include:


  1. days of the week the worker is required to work, whether the working hours may be variable and how any variation will be determined;
  2. any paid leave;
  3. details of all remuneration and benefits;
  4. any probationary period;
  5. any training entitlement provided by the employer, including whether any training is mandatory and/or must be paid for by the worker.


Penalties for Non-Compliance


The sanctions for non-compliance are not changing.


This means there is no freestanding right to bring a claim for failing to provide a s1 statement unless it’s in addition to some other claim being brought - for example: unfair dismissal and discrimination claims.


Successful claims for failing to provide s1 statements can result in a tribunal award of a minimum of two weeks’ pay, however there is a discretion to increase the amount for up to four weeks’ pay. The statutory cap on a weeks’ pay applies – currently £525.




With no increased sanction for non-compliance employers may not feel terribly concerned, particularly as claims are extremely rare.


On a practical level, however, given the level of detail which will now be required in any s1 statement with the impending April changes, it’s arguable that there is little point in bothering with s1 statements - instead employers should just use contracts of employment. Whilst there is considerable overlap between the two, a contract of employment is obviously much broader (or should be) in terms of specifying  an employee’s duties and obligations.



EMAIL: cfilor@filorsolicitors.co.uk   TELEPHONE: 01647 231475
MOBILE: 07891 055856   www.filorsolicitors.co.uk
This publication is not intended to provide legal or other professional advice and should not be relied upon as such. Readers should take legal advice before applying the information contained in this briefing.
You are receiving this email because you are subscribed to the Filor Solicitors mailing list.
If you have received this email in error, please accept our apologies.
If you do not wish to receive further emails from us, please click here to unsubscribe.
If you cannot see this email, please click here for the web version.