Employment Contract & Offer (England & Wales)
A combined offer letter and contract of employment for an employee in England & Wales, incorporating the section 1 written statement of particulars required by the Employment Rights Act 1996, statutory minimum notice, working time, holiday and pension auto-enrolment.
What is an Employment Contract & Offer?
An Employment Contract & Offer (England & Wales) is a combined offer letter and contract of employment for an employee in England & Wales, incorporating the section 1 written statement of particulars required by the Employment Rights Act 1996, statutory minimum notice, working time, holiday and pension auto-enrolment.
Any UK employer hiring an employee (not a contractor). By law the section 1 statement of particulars must be given on or before the first day of employment.
Employment Contract & Offer template, current for 2026
Refreshed for 2026 with the day-one section 1 statement requirements, statutory minimum notice under ERA 1996 s.86, 5.6 weeks' statutory holiday, pension auto-enrolment, and EMI share option context for eligible companies. It flags the shifting position on day-one unfair dismissal rights under the Employment Rights Bill for solicitor review.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your Employment Contract & Offer as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
- Who is the employer? The company or entity offering employment. This is the named party in the section 1 statement and the counterparty on the contract.
- Who is the employee? The individual being offered the job. Their name and home address appear in the statement of particulars.
- What is the job title? Section 1 ERA 1996 requires the title of the job the employee is engaged to do (or a brief description).
- Briefly describe the main duties of the role. A short description of duties satisfies the section 1 requirement and sets expectations. Keep it high level so the role can flex.
- Who will the employee report to? Naming the reporting line clarifies the management structure. Use a job title rather than an individual so it survives staff changes.
- What is the date of this offer letter? The date the letter is issued. Sets the reference point for any offer-acceptance deadline.
- By what date must the employee accept the offer? (optional) A deadline focuses the candidate and lets the employer plan. Leave blank if the offer is open-ended.
- What is the intended start date (date employment begins)? Section 1 requires the date employment begins. This is when continuous employment starts.
- Does any previous employment count towards the employee's continuous employment? Section 1 requires a statement of whether earlier employment counts towards continuous service (e.g. on a TUPE transfer or group move). Usually 'No' for a new hire.
- What date does continuous employment begin? If prior service counts, state the earlier date from which continuity runs.
- Is this a permanent or fixed-term appointment? Fixed-term status must be stated, and it changes the notice and expiry mechanics. Choose fixed-term for a defined end date or project.
- When does the fixed term end? Section 1 requires, for a non-permanent contract, the period it is expected to continue or the end date.
- Is there a probationary period? Section 1 requires any probationary period, including its conditions and duration, to be stated. Under the Employment Rights Act 2025 unfair dismissal is a day-one right, so probation assesses fit and sets shorter notice but no longer gates the accrual of unfair-dismissal protection.
- How long is the probationary period (in months)? Commonly three or six months. This is the period during which shorter notice applies and performance is assessed. Consider aligning it to the statutory initial period of employment once that regime is in force; take solicitor advice.
- What notice applies during probation? Shorter notice usually applies while on probation. State the period each side must give during probation.
- What is the gross annual salary (in GBP)? Section 1 requires the scale or rate of remuneration and how it is calculated. Enter the gross figure before tax and NICs.
- How often is salary paid? Section 1 requires the intervals at which remuneration is paid. Monthly in arrears is standard in the UK.
- On what day is salary paid? Specifies the pay date so the employee knows when to expect payment.
- Is the employee eligible for a bonus or commission? Any bonus or commission arrangement should be described, and clearly marked discretionary where intended, to avoid it becoming a contractual entitlement.
- Describe the bonus or commission arrangement. Set out the scheme, targets and timing. Keep the discretionary nature explicit if that is the intent.
- Will the employee be offered share options? If share options are part of the package, they are granted under a separate option agreement and scheme, not this contract. EMI options require the company and the individual to meet HMRC eligibility and the scheme to have HMRC approval. Choose the type intended.
- What is the employee's normal place of work? Section 1 requires the place of work, or where there is no fixed place, an indication of that and the employer's address.
- What is the remote/hybrid arrangement? Section 1 requires disclosure if the employee is required or permitted to work remotely, and where. State the current arrangement.
- Describe the hybrid/remote expectation. Give the practical split so the arrangement is clear.
- Include a mobility clause (employer may require work at other locations)? A mobility clause preserves flexibility to move the employee's base. Useful for multi-site employers.
- What are the normal weekly working hours? Section 1 requires terms about hours of work, including any variable hours. Standard full-time is often 37.5 or 40.
- What are the normal working days and hours? Specify the days and daily hours to satisfy the section 1 hours requirement and set expectations.
- Will the employee be asked to opt out of the 48-hour weekly limit? Under the Working Time Regulations 1998 the average working week is capped at 48 hours unless the worker opts out in writing. Only include an opt-out if the role needs one.
- How many days' paid annual leave (excluding bank holidays)? The statutory minimum is 5.6 weeks including bank holidays (28 days for a 5-day week). State the contractual entitlement excluding bank holidays here.
- Are the 8 bank holidays in addition to the annual leave above? Clarifies whether bank holidays are on top of, or included in, the stated allowance. Section 1 requires holiday terms sufficient to calculate accrued entitlement on termination.
- When does the holiday year run? Defines the leave year for accrual and carry-over. Commonly aligned to the calendar or financial year.
- What sick pay applies beyond Statutory Sick Pay? Section 1 requires terms about incapacity and sick pay. SSP is the legal minimum; many employers offer enhanced company sick pay.
- Describe the enhanced company sick pay. State the amount and duration (e.g. full pay for a set number of weeks, then SSP).
- What is the name of the pension scheme provider? Auto-enrolment under the Pensions Act 2008 requires the employee to be enrolled in a qualifying scheme. Name the provider (e.g. NEST or a group personal pension).
- What is the employer pension contribution (% of qualifying earnings)? The statutory minimum is 3% employer / 5% employee (8% total) on qualifying earnings. Enter the employer percentage.
- What is the employee pension contribution (%)? The employee's minimum contribution to reach the 8% combined minimum. Enter the employee percentage.
- Are the employee's pension contributions made by salary sacrifice? Under a salary-sacrifice arrangement the employee gives up part of gross salary in exchange for an employer pension contribution, which is tax and NIC efficient. If yes, contractual salary is reduced accordingly and the arrangement should be documented separately.
- What notice must the EMPLOYER give (after any probation)? Section 1 requires notice periods. Statutory minimum from the employer is one week per year of service (max 12 weeks after 12 years); contractual notice may exceed it. State the contractual figure.
- What notice must the EMPLOYEE give (after any probation)? The employee's contractual notice, at least one week once past one month's service. Often matched to seniority.
- Include a payment in lieu of notice (PILON) clause? A PILON clause lets the employer end employment immediately and pay basic salary for the notice period. Helps enforce restrictive covenants and garden leave.
- Include a garden leave clause? Garden leave keeps the employee employed but away from work during notice, protecting confidential information and client relationships.
- Include a confidentiality clause? Protects the employer's confidential and business information during and after employment. Standard in almost all contracts.
- Include an intellectual property assignment clause? Assigns work-created IP to the employer, supplementing the statutory position on employee inventions. Important for creative, technical or product roles.
- Include post-termination restrictive covenants? Non-compete, non-solicitation and non-dealing restrictions protect the business after the employee leaves. Must be no wider than reasonably necessary to be enforceable.
- For how many months should the restrictions apply after termination? Typically 3 to 12 months depending on seniority. Shorter, well-targeted restrictions are more likely to be enforceable. The Government has proposed a statutory cap on non-compete duration (indicated at three months), so choose the non-compete period with that pending reform in mind and take solicitor advice before relying on a longer one.
- List any other benefits (optional). Section 1 requires any benefits to be described. List private medical, life assurance, income protection, etc. Mark them discretionary/subject to scheme rules where appropriate.
- Describe any mandatory training the employer requires (optional). Section 1 now requires details of any training entitlement the employer provides, including any part the employee must complete and any that is not paid for by the employer.
- What conditions is the offer subject to? Pre-employment conditions let the employer withdraw the offer if checks fail. Right to work is legally required; others are role-dependent.
- Is this a sponsored role (the employee needs a visa under a Certificate of Sponsorship)? If the employee relies on a work visa sponsored by the Employer (e.g. Skilled Worker), the offer and continued employment are conditional on a valid Certificate of Sponsorship and immigration permission, distinct from the generic right-to-work check. Choose Yes only where the Employer holds or will hold a sponsor licence for this role.
- Where are the disciplinary and grievance procedures set out? Section 1 requires the employee to be told where to find the disciplinary and grievance rules. Usually the staff handbook.
- Is the staff handbook non-contractual? Making the handbook non-contractual lets the employer update policies without varying the contract. Recommended for most policies.
- Who signs on behalf of the employer? The name and job title of the person signing the offer and contract for the company.
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