UK Section 1 Statement: Day-One Right Explained (ERA 1996)

Since 6 April 2020, every UK employee and worker has had the right to receive a written statement of employment particulars on or before the first day of work. The statutory home of this right is Section 1 of the Employment Rights Act 1996 (ERA 1996). This article walks through what the Section 1 statement is, who is entitled to one, what must be in it, the deadline, and the consequences of getting it wrong.

1. The Statutory Basis — ERA 1996, Section 1

Section 1 of the Employment Rights Act 1996 imposes a duty on the employer to provide a written statement of employment particulars. The provision was substantially amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (SI 2018/1378), which came into force on 6 April 2020. The amendments:

1. Extended the right to workers (not just employees).
2. Made it a day-one right (must be given “no later than the beginning of the employment” — s.1(2)).
3. Expanded the mandatory contents (probation period, paid leave, training).

Statute: https://www.legislation.gov.uk/ukpga/1996/18/section/1

2. Who Is Entitled?

The expansion to workers in 2020 substantially widened the Section 1 net. Casual staff, zero-hours staff, gig workers found to have worker status — all are entitled.

The status tests come from the case law: Pimlico Plumbers v Smith [2018] UKSC 29 and Uber BV v Aslam [2021] UKSC 5 confirm that contractual labels do not control. The test is the reality of the relationship: mutuality of obligation, control, personal service.

3. The Day-One Deadline

Under ERA 1996, s.1(2), the principal statement must be given “no later than the beginning of the employment”. Practically this means on or before the first working day.

Some additional particulars (collective agreements, expatriate-specific terms) may be given within 2 months under s.2.

A handful of practical takeaways:

• Issuing the contract “in the first week” was acceptable until 5 April 2020. It is not acceptable from 6 April 2020.
• Issuing a verbal offer + “we’ll send the contract later” is non-compliant.
• The cleanest practice: issue the signed contract before the start date, by email + signed PDF.

4. The Mandatory Contents — What Must Be In It

Section 1(3)–(4) and the inserted s.1(4A) list the required particulars. Most must be in a single document — the “principal statement” (s.2(4)).

4-1. The Single-Document Principal Statement

4-2. Within 2 Months (s.2 supplementary statement)

A single, well-drafted contract of employment satisfies all these requirements. There is no need to give a “Section 1 statement” as a separate document if the contract covers all the particulars.

5. Probation Period — The 2020 Addition

Since 6 April 2020, the existence, conditions, and duration of any probation period must be in the principal statement (ERA 1996, s.1(4)(b)(ii)).

A common formulation:

“The Employee’s employment is subject to a probation period of 6 months from the start date. During the probation period, either party may terminate on 1 week’s written notice. The probation period may be extended by the Company by up to a further 3 months on written notice given before the original probation period ends. On successful completion of the probation period, the standard notice provisions in clause [X] apply.”

Without the contractual right to extend, an extension is technically a contract variation requiring the employee’s consent.

Note: Statutory minimum notice still applies during probation. Under ERA 1996, s.86(1)(a), an employer must give at least 1 week’s notice once the employee has 1 month or more of service — even during probation. Below 1 month, no statutory notice is required.

6. Required Training — The 2020 Addition

Section 1(4)(p) (added in 2020) requires the principal statement to specify any training the employee is required to complete and whether the employer will pay for it.

Examples:

• “The Employee is required to complete the Company’s induction training during the first month, paid for by the Company.”
• “The Employee is required to maintain CPD requirements relevant to the role, paid for by the Company up to £1,500 per year.”
• “Mandatory cybersecurity awareness training, annually, paid by the Company.”

This particular is often missed in older templates.

7. Consequences of Non-Compliance

Section 1 itself imposes no direct compensation for failure to provide a statement. But:

Employment Act 2002, Section 38

If the employee succeeds in another tribunal claim (e.g. unfair dismissal, discrimination, unauthorised deduction from wages) and it is found that the employer was in breach of the Section 1 duty at the time, the tribunal must make a minimum award of 2 weeks’ pay — and may make an award of up to 4 weeks’ pay — in addition to compensation for the underlying claim.

Statute: https://www.legislation.gov.uk/ukpga/2002/22/section/38

Reputational & Practical Consequences

• The absence of a Section 1 statement makes every other employment claim easier for the employee to win. The basic facts of the relationship are undocumented.
• HMRC NMW investigations review pay reference periods against contracted hours; absence of a Section 1 statement defaults the analysis in the worker’s favour.
• The Pensions Regulator audit reviews onboarding documentation; absence of Section 1 may indicate non-compliance with auto-enrolment.

8. Common Mistakes — Gyoseishoshi View

Mistake 1: “We’ll send the contract in the first week”

Symptom: Employee starts; contract follows 7 days later (or never). Fix: Pre-start workflow — offer letter (conditional) → right-to-work check → contract issued and signed before day one.

Mistake 2: Using Pre-2020 Templates Without Probation / Training Sections

Symptom: Contract has no probation clause or no training clause. Fix: Audit any template last updated before 2020. Add probation and required-training sections.

Mistake 3: Treating Workers as Outside Section 1

Symptom: Casual / zero-hours / gig workers given no written statement. Fix: Issue Section 1 statement to every worker, not just every employee. The 2020 reforms made this clear.

Mistake 4: Spreading Particulars Across Multiple Documents

Symptom: Pay in offer letter, hours in handbook, holiday in policy. Tribunal finds no compliant principal statement. Fix: Consolidate into one principal statement (which can be the contract itself).

Mistake 5: Forgetting “Continuous Employment Began” Date

Symptom: Employee transferred from a sister company; principal statement says continuous service began on the new start date — losing TUPE / continuity rights. Fix: Always check whether previous service counts (TUPE transfer, associated employer) and state the correct continuous-employment date.

9. The MmowW Scrib🐮 Cell #15 Approach

Cell #15 (UK Employment) generates a single document that is both the contract of employment and the Section 1 principal statement. It includes all 18 mandatory particulars, asks structured questions to elicit the probation period choice, and confirms the continuous-employment start date through a transfer-in question (TUPE / associated employer / brand-new hire).

The output is signed by both parties before day one, with a clear audit trail.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, or attorneys.

Sources

1. Employment Rights Act 1996, Section 1: https://www.legislation.gov.uk/ukpga/1996/18/section/1
2. Employment Rights Act 1996 (full): https://www.legislation.gov.uk/ukpga/1996/18/contents
3. Employment Act 2002, Section 38: https://www.legislation.gov.uk/ukpga/2002/22/section/38
4. ACAS Code of Practice on Disciplinary and Grievance: https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
5. Check employment status for tax (CEST): https://www.gov.uk/guidance/check-employment-status-for-tax