Should an employee have a contract by the first day of work?

Is it true that I must have a written contract of employment in place on the first work day for an employee starting work at my business?

Yes, as from 6 April 2020, employees and workers should have a principal statement from their employer on or before their first day of employment. This is then followed by a wider written statement of work, covering additional details of emplyment such as pension schemes and disciplinary procedures, must be sent with the first two months of employment.

The principal statement must now ensure it includes details about:

• The hours and days of the week the worker or employee is required to work and whether they may be varied and how;
• Entitlements to any paid leave;
• Any other benefits not covered elsewhere in the written statement;
• Any probationary period;
• Any training provided by the employer.

Should an employee be working abroad, the principal statement received on their first work day must also include:

• How long they’ll be abroad
• What currency they’ll be paid in
• What additional pay or benefits they’ll get
• Terms relating to their return to the UK

In addition to these changes in how a principal statement is delivered to an employee on their first day of work, employers should be aware that the period used to calculate a week’s pay for holiday purposes has increased from the previous 12 weeks of work to 52 weeks.

As employers have largely been focussed on managing their existing workforce during the pandemic and getting to grips with the Furlough Scheme since then, many employers have overlooked this important change in the law.

Employers should:

• Review whether they have statements of employment particulars for all employees.
• Ensure that they have up-to-date statements for all new employees and workers starting with them.
• Issue a statement to all employees or workers who have started work with them since 6 April 2020.

At Sampson Coward we can review your existing statement of employment particulars/contract and ensure you have the appropriate documentation in place for an contract employees first work day.

Please contact David on 01722 820935, or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. 

David Coward