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Statement of written particulars

Overview

All employees and workers have a statutory right to receive a statement of employment particulars from day one of their employment, and the statement must contain specific information outlined within the Employment Rights Act 1996.

A failure to provide a statement, or where a statement is provided which does not contain the required information, could lead to the employee making a reference to an employment tribunal to determine their terms of employment. Additionally, an employee may receive compensation for a failure to be provided a statement where they win an alternative claim at the employment tribunal.  

Statements of employment particulars are also known as statements of main terms, SMTs or can be called employment contracts.

Changes to the law on how statements are provided took effect from 6 April 2020. More information on these changes can be found within our in-depth review of this area.

 

Recent developments

Government to extend ban on exclusivity clauses

The Government has confirmed it will introduce legislation to extend the ban on express exclusivity clauses in workers statement of written particulars, which prevent workers from working elsewhere. New laws will make exclusivity clauses unenforceable in employment contracts where the guaranteed weekly income is below or equivalent to the Lower Earnings Limit, currently £123 per week. It is hoped that by removing red tape, the lowest paid workers will be given the choice to work multiple jobs if they wish, to give them more flexibility over when and where they work.

There isn’t yet a set date for when the new law will come into force, but it will be laid before Parliament later on in 2022.