Do I have to give employees a written contract by law?
By SuLe · Updated 14 June 2026
Yes, in substance: every employee and worker has a day-one legal right to a written statement of their main employment terms under the Employment Rights Act 1996. That statement is not technically the whole contract, but you must provide it — and in practice startups issue one written contract that covers it and adds protective terms.
Key facts
- A written statement of particulars is a day-one legal right under the Employment Rights Act 1996 (s.1).
- The right covers workers as well as employees, not just permanent staff.
- Most of the statement must be given on or before the first day; a few items can follow within two months.
- It must cover pay, hours, holiday, notice, job title, place of work, probation and where to find disciplinary and grievance rules.
- Failing to provide it can lead to a tribunal awarding two or four weeks' pay if another claim succeeds.
Is a written contract legally required?
Yes, in the sense that matters. The law requires you to give a written statement of the main particulars of employment, and this is a day-one right under the Employment Rights Act 1996 for both employees and workers.
Strictly, a "contract" and the "written statement" are different things — a contract can exist verbally, while the written statement is the specific set of terms the statute forces into writing. But the practical answer to founders is straightforward: you must put the core terms in writing and give them to the person from the outset.
Most startups collapse the distinction by issuing a single signed contract that both satisfies the written-statement duty and adds the confidentiality and IP terms the statute does not require.
What must the written statement contain, and when?
It must set out the essentials of the job: the names of the parties, the start date, pay and how often it is paid, hours and days of work, holiday entitlement, job title or duties, place of work, notice periods, any probationary period, and where to find the disciplinary and grievance procedures.
Timing is a day-one obligation for most of it — the principal particulars must be given on or before the employee's first day. A small number of items, such as pension arrangements and training entitlements, can follow within two months of the start date.
Because the bulk is a day-one right, the clean approach is to prepare a complete contract and have it signed before the person starts. Leaving it to "sometime in the first month" risks missing the deadline and starting the relationship on undocumented terms.
Does it apply to workers and casual staff?
Yes — and this catches founders out. The day-one written statement right was extended beyond employees to workers, so it is not limited to permanent, full-time staff.
That means casual staff, some fixed-term hires, and many contractors who qualify as "workers" are also entitled to a written statement of their core terms. If you are unsure whether someone is a worker, the safer course is to give the statement anyway.
The consequences of skipping it are more than theoretical. The employment still runs on implied and statutory terms, but if the individual later brings a successful tribunal claim on some other matter, the tribunal can award two or four weeks' pay for the missing statement. Undocumented terms also breed disputes — over holiday, notice or pay — that you will usually lose without a written record.
| Question | Answer |
|---|---|
| Is a written statement required? | Yes — day-one right (ERA 1996, s.1) |
| Who is covered? | Employees and workers |
| When? | Most on or before day one; some items within 2 months |
| What if I don't? | Tribunal can award 2 or 4 weeks' pay if another claim succeeds |
| Best practice | One signed contract before the start date |
Worked example
Karim launches a foodtech startup and brings on a part-time kitchen assistant on flexible hours, assuming the written-contract rules only apply to salaried staff. In fact the assistant is a worker, so the day-one written statement right applies.
Karim prepares a short written contract covering pay, hours, holiday, notice and where to find the grievance procedure, and has it signed before the first shift. When he later hires a full-time operations lead, he uses a fuller contract adding confidentiality and IP assignment. Because every hire — casual or permanent — started with written terms, Karim avoids both the statutory penalty risk and the disputes that undocumented arrangements create.
Where founders go wrong
Thinking only salaried staff need written terms
— the day-one right covers workers and casual staff too.Providing terms "within the first month"
— most particulars are a day-one right and must be given on or before the start date.Relying on a verbal agreement
— the employment exists, but undocumented terms cause disputes you usually lose.Treating the statement as the whole contract
— add confidentiality and IP terms the statute does not require but your business needs.
Related questions
Is a written contract legally required?
You must give a written statement of the main employment particulars — a day-one right under the Employment Rights Act 1996 for employees and workers. That is not the same as a full contract, but in practice startups issue one written contract that satisfies the statement duty and adds protective terms. [More: What must a UK employment contract include?]
When must the written statement be provided?
Most of it must be given on or before the employee's first day. A few items, such as pension and training details, can follow within two months. Issuing a complete signed contract before the start date is the cleanest way to meet the duty.
Does the requirement cover workers too?
Yes. The day-one written statement right extends to workers, not just employees. So casual staff and many contractors who count as workers are also entitled to a written statement of their core terms, which surprises some founders. [More: Employee vs contractor — what's the legal difference (and where does IR35 fit)?]
What if I don't provide a written statement?
The employment still exists on implied and statutory terms, but if the employee brings a successful tribunal claim on another matter, the tribunal can award two or four weeks' pay for the missing statement. More importantly, undocumented terms invite disputes you usually lose.
The written-statement duty is easy to meet and costly to ignore, and it reaches further — to workers and casual staff — than most founders expect. A SuLe solicitor can give you a compliant contract template that covers every type of hire from day one. Book a free consultation about your contracts and start every hire on record.
Keep reading: What must a UK employment contract include? · How do I hire my first employee in the UK (legal checklist)? · Employee vs contractor — what's the legal difference (and where does IR35 fit)? · What notice period should startup employment contracts use? · Do startups need an employee handbook or staff policies?
Primary sources: GOV.UK — Employment contracts · Acas — advice and codes of practice
