No written contract until probation ends: who helps?

Summary

Employees and workers have a day one right to a written statement of their main terms: pay, hours, holiday, notice and the length and conditions of any probation. Your employer must give it on or before your first day, so "no written contract until probation ends" does not fit the law. A contract already exists once you accept the job; the written statement records it. Ask politely in writing first. ACAS can explain your rights, and a tribunal can decide what your terms are if your employer will not put them down.

Key information

• Written statement: the main terms must be in writing on day one. Some extra details (such as pensions and training) can follow within 2 months.
• Probation does not delay it: the statement should itself say how long probation lasts and what conditions apply.
• Employee or worker: both get the day one written statement. Self employed contractors do not.
• Keep your offer letter or email, job advert, and any messages about pay and hours. Together they show what was agreed.
• Remedy: a tribunal can decide what your terms should be. Compensation of 2 or 4 weeks' pay is only added when you win another claim, such as unpaid wages.
• Asking for a written statement is a protected step. Being dismissed for asserting this right can be automatically unfair, whatever your length of service.
• ACAS can: explain your rights using employment contracts and probation periods; talk through how to raise it with your employer, and early conciliation if it turns into a claim. They will not write to your employer for you.
• Citizens Advice can: explain contract terms and changes using changes to employment contracts; help you check pay problems using problems getting paid. They will not represent you at a tribunal.

Practical guidance

• Save the offer, advert and messages about pay, hours and start date.
• Email HR with a friendly request: "Please send my written statement of employment particulars, including probation terms, as I understand it is due on my first day."
• Link the GOV.UK written statement page if they push back.
• If nothing arrives, raise a grievance and call the ACAS helpline.
• If pay or hours go wrong and you have nothing in writing, contact ACAS early: tribunal time limits are usually 3 months less one day.
• Ask the Shaman to map the steps.

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