Written statements of particulars, redundancy pay thresholds, and ET time limits: a practical guide
Written statements of particulars, redundancy pay thresholds, and ET time limits: a practical guide
Key points
- Written statements for employees must be provided within two months; workers’ rights depend on their contract.
- Redundancy pay requires at least two years’ service and is calculated using age-based weeks per year.
- Notice periods exist and have statutory minimums; contracts may offer longer.
- Time limits for ET claims are generally 3 months, with possible extensions.
Written statements of particulars
Employees’ right to a written statement within two months; workers may have rights under their contract.
Under the Employment Rights Act 1996, employees are entitled to a written statement of their main terms within two months of starting work.
The two-month deadline applies to employees; workers do not have the same statutory entitlement unless the contract provides it.
The written statement should cover core terms such as pay, hours, place of work, and notice period (where relevant).
If the contract is not updated in a timely way, the employer may face difficulties in proving terms of employment.
- What to include in a written statement: key terms of employment (e.g., job title, start date, pay, hours, place of work)
- When the statement should be provided: within two months for employees (workers may have rights under their contract)
- Who is covered: employees (workers may be covered by contract)
- What to do if not provided: request in writing; refer to GOV.UK guidance
- 1) Confirm whether you are an employee or a worker. 2) If employee, request a written statement within two months of starting work. 3) Check the contract for terms not in the statement and discuss with your employer. 4) If necessary, consult GOV.UK guidance or ACAS for further information.
- 2) If necessary, seek legal advice or contact ACAS for early conciliation if there is a dispute.
Employees have a two-month deadline to receive a written statement. Workers may have a contractual or negotiated right instead.
Statutory minimum notice periods
Minimum notice periods under ERA 1996; contract may provide longer rights; cannot provide less than statutory minimum.
Statutory minimum notice periods depend on length of service: 1 week for 1 year; 1 extra week per year of service from year 2 to 12; maximum 12 weeks.
Age bands do not apply to notice periods and are relevant to redundancy pay.
Contracts may offer longer notice periods, but cannot provide less than the statutory minimum.
- 1 year: 1 week
- 2 years: 2 weeks
- 3 years: 3 weeks
- 4 years: 4 weeks
- 5 years: 5 weeks
- 6 years: 6 weeks
- 7 years: 7 weeks
- 8 years: 8 weeks
- 9 years: 9 weeks
- 10 years: 10 weeks
- 11 years: 11 weeks
- 12+ years: 12 weeks
- 1) Identify your length of service. 2) Calculate notice using the year-by-year approach. 3) Check your contract for longer notice periods. 4) If in doubt, refer to GOV.UK guidance on notice periods.
Your contract may offer longer notice periods, but it cannot reduce the statutory minimum.
Redundancy pay: two years’ service
Two years’ continuous service is the threshold for redundancy pay; calculation uses age bands and weeks’ pay.
Statutory redundancy pay requires at least two years’ continuous service with the same employer.
The amount is calculated using weeks’ pay and age-based weeks-per-year (0.5, 1, or 1.5 weeks per year depending on age).
The maximum entitlement is based on service duration and age, and a cap applies to the weekly pay rate.
For current figures, readers should consult GOV.UK guidance on redundancy pay for the latest values.
- Eligibility: at least 2 years’ continuous service
- Calculation: weeks’ pay based on age bands (0.5, 1, 1.5 weeks per year)
- Maximum entitlement and cap on weekly pay
- Check GOV.UK for current figures
- 1) Confirm two years’ continuous service. 2) Determine employee’s age bands. 3) Apply weeks-per-year to each year of service. 4) Check the statutory cap on weekly pay and the maximum years of service.
See GOV.UK redundancy pay guidance for current figures on weekly pay and caps.
Time limits for Employment Tribunal claims
Claims generally must be brought within 3 months; extension possible; ACAS conciliation and exceptions.
Most claims must be brought within 3 months of the event; there are extensions for case-specific reasons and where the tribunal exercises its discretion.
ACAS Early Conciliation can affect the timing of claims and can extend time in some cases.
Where there are exceptional circumstances or a tribunal allows an extension, readers should check GOV.UK and ACAS guidance for current rules.
- 3 months from event to file a claim (often 3 months from EDT or dismissal)
- Extensions may be possible for exceptional circumstances or discretionary reasons
- ACAS early conciliation may affect timing and provide a basis for extension
- Always check GOV.UK and ACAS for current rules and deadlines
- 1) Identify the triggering event and the deadline. 2) Consider early conciliation obligations. 3) If needed, apply to the tribunal for extension with reasons. 4) Keep records of interactions.
- 2) If you are in a dispute, keep careful note of dates and correspondence.
Time limits are strict; extensions are possible but not guaranteed.
Conclusion
Recap of key rights and where to find official guidance.
This guide summarises the statutory framework for written statements, redundancy pay, and ET time limits.
For up-to-date figures and detailed rules, always consult GOV.UK and ACAS guidance.
- Written statements appear within two months for employees (contract rights for workers)
- Redundancy pay requires two years’ service and uses age-based weeks per year
- Notice periods are calculated by length of service, with possibility of longer contractual rights
- Time limits for ET claims are typically 3 months, with possible extensions on a discretionary basis
Always check GOV.UK for current figures and guidance.
Key takeaways
A concise list of the main points.
Written statements for employees must be provided within two months; workers’ rights depend on their contract.
Redundancy pay requires at least two years’ service and is calculated using age-based weeks per year.
Statutory notice periods exist and may be longer in contracts; the law sets minimums.
Time limits for ET claims are generally 3 months, with possible extensions.
- Two-month deadline for written statements (employees)
- Two years’ service for redundancy pay (with age-based weeks)
- Statutory minimum notice periods (longer if contract provides)
- 3-month time limit for ET claims (extensions may apply)
This article provides general information. Refer to GOV.UK for current figures and legislation.
Section
For more on Learn how to perform a statutory redundancy pay calculation with our 5-step guide. Understand UK redundancy rights, ERA 1996 rules, and claim via employment tribunal if needed. Essential for workers., see here.
For more on Understand your redundancy rights UK: statutory pay after 2 years' service, mandatory consultation, fair selection criteria, notice periods and how to challenge unfair processes at an employment tribunal., see here.
For more on Discover unfair dismissal time limits, the three-month rule, ACAS early conciliation extensions, and how to handle late claims in employment tribunals. Protect your employment rights UK with this essential guide., see here.
Frequently asked questions
Do employees have a right to a written statement within two months?
Yes. Under the Employment Rights Act 1996, employees are entitled to a written statement of main terms within two months of starting work. Workers’ rights depend on their contract.
Where can I find official guidance on redundancy pay and ET time limits?
Official guidance is available on GOV.UK (redundancy pay, written statements, and time limits) and ACAS guidance.
Need further clarification on your rights?
This article provides general information. For personalised advice, consult GOV.UK guidance or seek professional legal advice.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
