When an employee must get their written statement
An employer must provide a ‘written statement of terms and conditions of employment’ to any employee employed for more than 1 month.
It’s a good idea for an employer to provide the written statement as soon as possible. According to the law, they must provide it to the employee within 2 months of the date they start work. The employee still has the right to a written statement if they’re only employed for 1 to 2 months.
The employer can provide the written statement in instalments. For example, the first part on day 1 and the second part on day 2. All instalments must be provided within 2 months of the start date.
Information in the written statement must follow the law. For example, stating that the employee’s pay is £5 per hour would not be legal, because this amount is below the minimum wage.
The employee should check the written statement and let their employer know if there’s anything they do not understand or agree with.
Find out what a written statement must include.
If you have not received your written statement
You can raise the issue with your employer if you have not received your written statement by the time it’s due. It’s a good idea to do this informally at first.
If you understand that the written statement exists but you have not received it, you can also make a formal ‘subject access request’ to your employer.
If you need to take things further
If you still do not receive it you can make a formal complaint.
If that does not resolve things, you might be able to make a claim to an employment tribunal. You could get compensation if the tribunal decides that both this claim and any other you’ve made (for example, for unfair dismissal) are valid.