Working without a contract of employment
Many UK workers begin a job before a written contract arrives. This can be unsettling, but the law still offers protection. This page explains what it means to be working without a contract of employment, the practical risks, and how a clear written agreement helps prevent disputes. It also outlines steps to take if you have not received the right documents from day one.
What the law says in simple terms
- You do not need a written document for an employment contract to exist. If you perform work and are paid, a contract can be formed verbally or by conduct.
- From day one of starting work, most workers and employees are entitled to a written statement of key particulars (often called the ‘principal statement’). The fuller written particulars must follow within a short period.
- Basic statutory rights apply whether or not you have a written contract. These include the national minimum wage, paid holiday, rest breaks, protection from discrimination, and a safe working environment.
Note: Agency and atypical workers also have key information rights. Ask the hirer or agency to confirm terms in writing at the outset.
Why written terms still matter
A written contract or statement sets out hours, pay, place of work, notice, holiday, and other core terms. Clear paperwork reduces misunderstandings, supports fair scheduling, and provides evidence if something goes wrong.
At‑a‑glance: Differences When you have no Written Contract vs When you do
| Topic | Working without a contract (no written terms) | Working with a contract (written terms) |
| Proof of agreed terms | Harder to prove; relies on emails, rotas, and custom | Clear evidence of hours, pay, duties, benefits |
| Pay and deductions | Statutory minimums still apply, but disputes over rates or overtime are more common | Agreed rates, overtime rules, and pay dates are written |
| Hours and scheduling | Risk of last‑minute changes; hard to challenge | Set hours, notice for shift changes, and flexibility clauses are defined |
| Holiday and sick pay | Legal minimum holiday applies; details of accrual/booking unclear | Holiday entitlement, accrual, and sick pay rules are set out |
| Notice periods | Default statutory notice may apply if nothing else is proven | Contractual notice can be longer, clearer, and mutual |
| Job duties and location | Scope can drift; disagreements about tasks or travel | Duties, workplace, and mobility expectations are specified |
| Resolving disputes | More scope for disagreement and delay; evidence gathering required | Faster to resolve using the written terms |
Practical steps if you are working without a contract of employment
- Ask in writing for your day‑one written statement. Request the principal particulars (job title, pay, hours, place of work, start date, and similar basics).
- Keep your own record. Save payslips, rotas, shift texts, emails confirming rates, start times, and any changes.
- Confirm changes promptly. If your hours or duties shift, reply by email or message summarising what was agreed.
- Check payslips and holiday. Make sure your rate, deductions, and holiday are correct each pay period.
- Seek guidance early. If documents do not arrive or terms feel unclear, contact The Workers Union for support.
Common misconceptions
- “No paperwork means no contract.” Incorrect. Contracts can be verbal or implied by conduct.
- “I have no rights without a contract.” Incorrect. Core statutory rights apply regardless of paperwork.
- “My employer can change anything at will.” Not without agreement or a lawful basis. Changes must be consulted and confirmed.
Your rights still apply
Even with no written contract, you generally have rights to:
- be paid at least the national minimum wage
- paid holiday and rest breaks
- safe working conditions
- protection from discrimination and victimisation
- itemised payslips and fair deductions
How The Workers Union can help
We put UK workers at the centre of everything we do. If you are working without a contract of employment UK or your employment without contract UK situation is causing concern, we can help you request documents, review terms, and raise issues constructively.
FAQs
No. It is not illegal to work without a written contract. However, employers must provide a written statement of particulars at the start, and having full written terms protects both sides.
Email HR or your manager asking for the day‑one particulars and the remaining written terms. Keep a copy of your request and any reply.
Yes. Statutory rights apply with or without a written contract, including paid holiday and the national minimum wage.
Sudden changes are more likely where nothing is written. Ask for reasonable notice and confirm any new arrangement in writing. Seek advice if changes are imposed. =
Use emails, shift rotas, texts, handbooks, induction materials, and the way you have actually worked over time. These help show what was agreed.
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This page is for general information and is not legal advice. If you need tailored guidance, contact The Workers Union.
