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Employment Law BasicsEmployer guidanceReviewed 19 June 2026

Written statement vs employment contract: what employers need to know

These two terms are often used as if they mean the same thing. They overlap, but they are not identical, and knowing the difference helps you give staff the right paperwork from day one.

What a written statement is

A written statement of the main terms is the legal minimum you must give employees and workers. It sets out core details such as pay, hours, holiday and notice. There is a legal right to receive it, and for most people it is due from day one.

What an employment contract is

A contract is the full agreement between you and the employee. It includes the statutory terms but usually goes further, covering matters like probation, confidentiality and conduct expectations. A contract can be written, verbal or a mix, though written is far safer.

How they fit together

In practice, most small employers issue one document that does both jobs. It meets the written statement requirement and acts as the contract. That keeps things simple and gives you a single, signed source of truth.

  • Written statement: the legal minimum terms.
  • Contract: the fuller agreement, usually including those terms.

Getting the timing right

The main terms are generally due by the time someone starts, so do not leave paperwork until weeks later. Having a ready document for each role means new starters get what they are entitled to without a scramble.

Common mistakes to avoid

  • Assuming a job offer email is enough.
  • Issuing terms weeks after someone starts.
  • Leaving out required information from the statement.
  • Never signing or dating the document.

When to get HR support

You can prepare these documents yourself, but help is useful in a few cases.

  • You are not sure what the statement must legally include.
  • You have several roles needing different terms.
  • You are combining the statement and contract into one document.
  • You want to be confident the timing is right.

Last reviewed: 19 June 2026. Review before publishing The content and timing rules for written statements come from current law and can change. Check the latest requirements before issuing.

This article is general guidance for employers. It is not a substitute for tailored HR or legal advice for your particular situation.

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Common questions

Workers as well as employees are entitled to a written statement of certain terms. The exact detail can differ, so make sure you are giving the right information for each group.

An employee can ask a tribunal to determine the terms, and there can be a financial penalty in some cases. It is much better to provide one properly from the start.

Yes. A single well written contract can satisfy the written statement requirement and serve as the full agreement, which is what many small employers do.

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