Section 1 Statement Checklist
There is a statutory obligation on employers to provide their employees and workers with a written statement of employment particulars as listed in section 1 of the Employment Rights Act 1996. These essential particulars are referred to as a “section 1 statement” and will often appear in a contract of employment.
Section 1 statements are a “day 1 right” which means that they must be given at the beginning of employment, and there is no minimum service requirement.
We have created a checklist below of the information that must be provided in a section 1 statement.
Form and content of a section 1 statement:
The legislation distinguishes between:
- particulars which must be provided in a single principal statement, usually the contract of employment;
- particulars which may be contained in a reasonably accessible document to which the principal statement refers; and
- particulars which may be given in instalments within 2 months of the commencement date.
Information which must be given in the principal statement:
✓ Names of employer or worker;
✓ Date employment or engagement begins;
✓ For employees only: date of continuous employment;
✓ Rate of pay and frequency (weekly, monthly, etc) of payment;
✓ Hours of work including days of the week and whether hours might be variable;
✓ Holiday entitlement (including public holidays) and holiday pay;
✓ Any other benefits;
✓ Notice period (may also refer the worker to the law or to the provisions of a reasonably accessible collective agreement);
✓ Job title or brief description;
✓ If applicable: period of fixed-term contract;
✓ Any applicable probationary period;
✓ Place of work and address of employer;
✓ Whether employee or worker is expected to work outside the UK for over 1 continuous month;
✓ Any training that the employee is required to complete and whether it is paid for;
Information which can be provided in a separate but reasonably accessible document:
✓ Sick leave and pay;
✓ Any other paid leave;
✓ Pension scheme information (within 2 months);
✓ Details of any collective agreements directly affecting the terms (within 2 months);
✓ Any other training entitlement provided by the employer (within 2 months); and
✓ Disciplinary and grievance procedures (within 2 months) although we do recommend that these procedures are not made contractual.
Failure to provide a section 1 statement
Employees and workers may make a complaint to an employment tribunal should an employer fail to provide a section 1 statement or if they provide an inaccurate or incomplete statement. The tribunal will decide what particulars should have been included or referred to in the statement in order to be compliant with the statutory requirements.
If an employee or worker brings a successful substantive claim in the employment tribunal, such as an unfair dismissal claim, and they are able to show that they were not provided with a compliant section 1 statement, they may be awarded an additional 2 to 4 weeks’ pay.
If you would like more information on the requirements of a section 1 statement, feel free to get in touch with the team.
Jones Chase is a specialist employment law firm based in the centre of London with an excellent track record of looking after those that we assist.
Do contact us should you require further information or need any assistance. We are always happy to speak to people and point them in the right direction.