Written particulars

Q: I have asked my employers to put in writing what my holiday entitlement is, but they are refusing because they said I should have asked for this when I started. What is the legal position?

A: Section 1 of the Employment Rights Act 1996 (ERA) states that employees are entitled to a written statement of particulars of their employment, which includes their right to holiday. The employer has a duty to provide this within two months of the employee starting work, and there is no requirement for the employee to request it (in writing or otherwise).

If your employer fails to provide you with a statement, and you are an “employee” working under a contract of service, you can apply to an employment tribunal for a decision on what your terms and conditions are. The tribunal will decide this by hearing evidence from both parties and referring to any documents that are available.

Tribunals cannot usually award compensation for a failure to provide employment particulars — but if the employee brings a separate tribunal claim to which the statutory dismissal and disciplinary or grievance procedures apply, a tribunal can award two to four weeks’ pay if the the employer has not provided written employment particulars.