UK Employment Contract 2026 — What Must Be Included

Day-one written statement requirement

Since April 2020, employers have been required to provide a written statement of employment particulars to all employees and workers on or before their first day of work — not within two months as was previously the case.

The Employment Rights Act 2025 has added further requirements to what that statement must contain. Using a contract drafted before 2025 almost certainly means it is missing legally required terms.

What must be included — the full list

• Names of employer and employee
• Start date and, if relevant, the date continuous employment began
• Scale or rate of pay and the interval at which it is paid
• Hours of work — including whether hours may vary and how
• Holiday entitlement — including public holidays and holiday pay
• Job title or brief job description
• Place of work — or if the employee is required to work at various places, an indication of that
• Any probationary period — its length and conditions
• Any training entitlement provided by the employer
• Sick pay and sick leave entitlements
• Any other paid leave entitlements
• Pension arrangements
• Notice periods required from both employer and employee
• Whether the employment is permanent or fixed-term
• Any collective agreements that directly affect the terms
• If the employee will work outside the UK for more than a month, the relevant terms

ERA 2025 changes that affect employment contracts

SSP from day one

Statutory Sick Pay now applies from the first day of sickness absence — the previous three waiting days are abolished. Your contract must reflect this if it references SSP or waiting days.

Day-one family leave rights

Employees now have day-one rights to paternity leave, unpaid parental leave, and bereavement leave. Contracts that state qualifying periods for these rights are no longer accurate.

Zero hours and guaranteed hours

Workers on zero-hours arrangements who regularly work consistent hours now have the right to request a guaranteed hours contract. Any zero-hours contract should include the correct ERA 2025 language around this right.

Unfair dismissal — January 2027

From January 2027, the qualifying period for unfair dismissal drops from two years to six months. This does not change what must be in the contract, but it changes your exposure significantly — every new starter will have unfair dismissal protection within six months.

Clauses that are commonly missing

Beyond the statutory minimum, well-drafted employment contracts include:

• Garden leave clause — allows you to keep the employee away from the business during their notice period while still paying them
• Intellectual property assignment — ensures anything created during employment belongs to the employer
• Post-termination restrictions — non-solicitation, non-compete (must be reasonable in scope and duration to be enforceable)
• Confidentiality clause — survives termination of employment
• Data protection clause — employee consent to hold and process personal data
• Variation clause — allows you to make minor changes to terms with notice

What makes a restrictive covenant unenforceable

Post-termination restrictions are only enforceable if they protect a legitimate business interest and go no further than is reasonably necessary. Courts regularly strike down restrictions that are too wide in geographic scope, too long in duration, or too broad in the activities they restrict.

A 12-month non-compete covering the entire UK for a junior employee is almost certainly unenforceable. A 6-month non-solicitation of specific clients for a senior salesperson is likely to stand.

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