Employment contracts
An employment contract UK law recognises exists the moment someone accepts a job, whether anything is written down or not. What the law actually requires in writing is narrower, and it is due on the first day.
Updated 13 September 2026
The contract and the written statement are not the same thing #
This distinction causes most of the confusion, and it is worth being clear about before reaching for an employment contract template.
| The contract | The written statement | |
|---|---|---|
| What it is | The agreement itself | A document setting out the main terms |
| Must be written? | No | Yes |
| When | On acceptance of the job | By the first day of employment |
| Who gets one | Employees and workers | Employees and workers |
Most employers issue one document that does both jobs, which is sensible. But an employee who never received anything in writing still has a contract, made up of what was agreed verbally, what custom and practice established, and the terms the law implies.
What must be in it #
The statutory particulars. An employment contract UK template, or a free employment contract template UK employers download, should cover all of these, and it is worth checking against the list rather than assuming:
- The employer and employee names
- The start date, and the date continuous employment began
- Pay, how it is calculated and how often it is paid
- Hours of work, including which days and whether hours vary
- Holiday entitlement and holiday pay
- The place of work, or a statement that the employee may work at several places
- The job title or a description of the work
- How long the job is expected to last, if it is not permanent
- Any probationary period and its conditions
- Sick pay and sick leave terms
- Other paid leave, and any pension arrangements
- Notice periods, on both sides
- Training the employer requires and whether it is paid for
Notice periods #
Statutory notice is the floor. A contract can give more, never less.
| Length of service | Notice the employer must give |
|---|---|
| 1 month to 2 years | 1 week |
| 2 to 12 years | 1 week for each complete year |
| 12 years or more | 12 weeks |
An employee owes 1 week after a month's service unless the contract says otherwise. Notice is separate from redundancy pay, and both are due where a role is made redundant.
Terms the law puts in whether you write them or not #
A contract cannot remove these, and a clause attempting to do so is simply ineffective:
- The National Minimum Wage for every hour worked
- 5.6 weeks of paid holiday a year
- Statutory sick pay, now from the first day of absence
- Statutory maternity pay and the related family leave rights
- Rest breaks and limits on working time
- Protection from unlawful discrimination
Auto enrolment applies too, and the cost of it is in the auto enrolment calculator.
Changing a contract #
Changes need agreement. An employer cannot simply impose new terms, and doing so risks a fundamental breach that lets the employee resign and claim constructive dismissal.
An addendum to an employment contract, signed by both sides, is the clean way to record a variation. Where a change affects the statutory particulars, it must be notified in writing within a month of taking effect, whether or not anyone signs anything.
Breach of employment contract #
A breach of employment contract UK employees most often encounter is unpaid or short-paid wages, followed by unilateral changes to hours or duties.
- Unlawful deduction from wages claims go to an employment tribunal, with a 3 month less one day time limit from the deduction
- Breach of contract claims can go to a tribunal where employment has ended, or to the county court where it has not
- Acas early conciliation is a required step before most tribunal claims, and it pauses the clock while it runs
The time limits are short and strictly applied. Missing one usually ends the claim regardless of its merits.
Employees, workers and the self-employed #
Status decides which rights apply, and the label on the paperwork does not settle it.
| Employee | Worker | Self-employed | |
|---|---|---|---|
| Written statement | Yes | Yes | No |
| Minimum wage and holiday | Yes | Yes | No |
| Sick and family pay | Yes | Generally not | No |
| Redundancy and unfair dismissal | Yes | No | No |
Getting this wrong is expensive in both directions: unpaid holiday and minimum wage on one side, and the tax consequences of IR35 and employment status on the other. The tests are the same ones in both cases.
Common questions #
Does an employment contract have to be in writing?
The contract itself exists as soon as someone accepts a job, written or not. What must be written is the statement of employment particulars, and it must be given by the first day of employment.
What must a UK employment contract include?
Names, start date, pay and how often it is paid, hours and working days, holiday, place of work, job title, any probation period, sick pay, other leave and pensions, notice periods on both sides, and any training the employer requires.
When must an employment contract be given?
The written statement is due on the first day of employment. It used to be two months, which is why older templates and guidance still say so.
Do I need an employment contract template?
A template is a reasonable starting point for the statutory particulars, but a free employment contract template UK employers download still has to be adapted. The statement must reflect what was actually agreed, and a template that contradicts the real arrangement is worse than none.
What is the minimum notice period?
Statutory notice from the employer is 1 week after one month of service, then one week for each complete year, up to 12 weeks. An employee owes 1 week after a month unless the contract says more.
What counts as a breach of employment contract?
Either side failing to do what the contract requires: unpaid wages, unilateral changes to terms, or leaving without notice. A breach of employment contract UK claim is usually brought in an employment tribunal where employment has ended, or the county court otherwise.
Can an employer change an employment contract?
Not unilaterally. Changes need agreement, or a contractual flexibility clause that genuinely covers the change. Imposing a change can amount to a fundamental breach, which allows the employee to resign and claim constructive dismissal.
What is an addendum to an employment contract?
A written variation recording an agreed change, such as a pay rise, a new role or different hours. Anything that changes the statutory particulars must be notified in writing within a month of the change taking effect.