Written Statement of Employment for NHS & Healthcare Staff (UK)

Every nurse, care worker, healthcare assistant and clinic employee is entitled to a written statement of employment particulars under Section 1 of the Employment Rights Act 1996. The principal statement is due on day one and the wider statement within two months. NHS employers usually reference Agenda for Change; private clinics, care homes, dental practices, pharmacies and GP surgeries set their own terms. Build a statement below, then read the clause-by-clause guide.

✓ Updated September 2026

Employment Rights Act 1996, s.1

NHS Terms & Conditions Handbook

Working Time Regs 1998

✓ Due from an employee's first day✓ NHS vs private sector explained✓ Night work, on-call & sleep-in covered✓ Free wizard, paid clean PDF

Hiring casual or agency healthcare staff instead? See Written Statement for Casual Workers or Written Statement for Agency Workers.

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Fill in employer, employee, shift and pay details and watch the statement build. Free download with watermark, or £9.99 for a clean copy. Add the healthcare-specific wording from the checklist below, and confirm whether Agenda for Change applies, before you finalise it.

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Do NHS and Healthcare Employees Need a Written Statement?

Yes. Every healthcare employee and worker is entitled to a written statement, whether they work for an NHS trust, a private clinic, a care home, a dental practice, a pharmacy or a GP surgery. GOV.UK describes it as a document setting out the main conditions of employment, and notes that it is not an employment contract.

Healthcare has two complications most sectors do not share to the same degree. A large part of the workforce sits under a national terms framework, Agenda for Change, that does not exist outside the NHS. And many roles involve night work, on-call time or sleep-ins, each with distinct pay and working time rules.

📌 Key facts

Principal statement: due on the first day of employment.
Wider statement: due within two months of the start date.
Changes: the employee must be told within one month.
NHS staff: reference the Agenda for Change band rather than restating the handbook.
Sleep-ins: pay the minimum wage for time awake for the purpose of working.

Sources: GOV.UK written statement guidance ↗ · Employment Rights Act 1996, s.1 ↗ · Our Section 1 explainer

NHS vs Private Healthcare Employment

Agenda for Change and private-sector employment are not interchangeable. Getting the distinction right avoids implying rights that do not apply.

Factor	NHS (Agenda for Change)	Private Healthcare Employer
Pay and terms framework	Agenda for Change pay bands and terms, agreed through the NHS Staff Council (with country variations)	Set individually by the employer; no national pay band structure required
Who it covers	Staff directly employed by NHS organisations, except very senior managers and staff within the Doctors' and Dentists' Review Body remit	All private clinic, care home, dental, pharmacy and GP surgery staff
Written statement still required	Yes, usually incorporating Agenda for Change terms by reference	Yes, drafted from the individual contract terms
Standard full-time hours	37.5 hours per week, excluding meal breaks, under the handbook	Set by contract
Annual leave	Set by the handbook, and generally above the statutory minimum	Often at or near the statutory 5.6-week minimum; many providers offer more
Sick pay	NHS occupational sick pay scheme under the handbook, alongside Statutory Sick Pay	Employer-specific; often Statutory Sick Pay only unless enhanced by contract
Pension scheme	NHS Pension Scheme	Workplace pension under auto-enrolment, typically not the NHS Pension Scheme

⚠ Do not blend the two frameworks

Agenda for Change covers the whole of the UK, but each country can agree amendments, and NHS Scotland publishes its own version of the handbook. It does not apply to most doctors and dentists, who have separate arrangements, or to very senior managers, and it has no application to a private provider, even one delivering NHS-funded care.

Source: NHS Employers, Terms and Conditions of Service Handbook ↗

What an NHS Written Statement Should Reference

For Agenda for Change staff, the statement can point to the handbook rather than copy it, but it still needs to identify which terms apply to this individual.

Item	What to record
Pay band and pay point	Name the band and pay point (for example Band 5) and refer to the current pay tables for the relevant country.
Hours	State contracted hours against the 37.5-hour standard week and the rota pattern. Part-time staff receive entitlements pro rata.
Unsocial hours	Say that evening, night, weekend and public holiday enhancements are paid under the handbook. The England table lists time plus 30% for bands 4 to 9 on Saturdays and weekday nights, and time plus 60% on Sundays and public holidays. Check the current table for your country.
Overtime and time off in lieu	The handbook treats hours above 37.5 per week as overtime for bands 1 to 7, at time and a half, with double time on general public holidays. Bands 8 and 9 are not eligible.
On-call	On-call payment is set by local agreement, consistent with the handbook's national principles. Record which local arrangement applies.
Sick pay and pension	Refer to the handbook's sickness absence provisions and the NHS Pension Scheme rather than restating them.
Country version	Confirm which country's version of the handbook applies. NHS Scotland publishes its own version.

Figures are taken from the handbook as published and change with each pay circular. Always confirm against the current handbook ↗.

Healthcare Shift Patterns

Rotating shifts are the norm across hospitals, care homes and community health roles. Three points matter more here than in a fixed daytime role.

State the full rotation, not just "shift work"

Describe the actual pattern, such as rotating early, late and night shifts on a set cycle, rather than saying hours vary.

Note how the rota is published and changed

Confirm how far in advance the rota is set, and whether shift swaps between staff are permitted and how they are agreed.

Separate contracted hours from bank or overtime shifts

State the core contracted hours clearly, distinct from additional bank or overtime shifts that can be accepted or declined.

Night Work, On-Call and Sleep-In Arrangements

Night work, on-call time and sleep-ins sit under different areas of law. Conflating them is a common source of pay disputes in the sector.

Factor	Night work hours	Sleep-in pay
Legal basis	Working Time Regulations 1998	National Minimum Wage rules, as interpreted in Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8
Core rule	Normal hours average no more than 8 in 24 for night workers over a reference period; no averaging for hazardous or strenuous work	Sleep-in workers are paid the minimum wage for time awake for the purpose of working, subject to the facts of the arrangement
Health protection	Free health assessment before starting night work and at regular intervals afterwards	Not applicable
Common employer error	Failing to offer or record the health assessment	Paying a flat sleep-in fee without tracking awake working time, or treating a busy shift as a sleep-in
What the statement should record	That the role involves night work and that the assessment has been offered	How sleep-in and on-call hours are paid, and how awake working time is recorded

Sources: Working Time Regulations 1998 ↗ · Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 ↗

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What a Healthcare Written Statement Must Include

Core particulars under Section 1 of the Employment Rights Act 1996. Some, such as sick pay, pensions, training and disciplinary procedures, may be given in the wider statement within two months rather than the principal statement.

Clause	Why it is needed	Status
Employer name	Identifies who the employee is contracting with.	Required
Employee name	Identifies who the statement covers.	Required
Job title or brief description of the work	Section 1 requires one or the other.	Required
Start date	Fixes when continuous service begins to run.	Required
Pay rate and how it is calculated	Must state the rate, and be consistent with National Minimum Wage rules, including treatment of sleep-in and on-call hours.	Required
How often pay is made	Weekly, fortnightly or monthly, so the employee knows when to expect payment.	Required
Hours of work and shift pattern	Describe normal hours, including rotating shifts, night work and any on-call or sleep-in commitment.	Required
Place of work, or that it varies	Confirms the site, ward, home or client locations the employee is assigned to.	Required
Holiday entitlement and how it is calculated	Healthcare staff accrue paid holiday on the same basis as other employees, pro-rated for part-time or irregular hours.	Required
Notice periods on either side	Sets out the notice needed to end the employment.	Required
Sickness absence and sick pay	Can sit in the wider statement, but must reference the sick pay terms, including any enhanced occupational scheme.	Required
Pension and pension schemes	NHS Pension Scheme for eligible NHS staff, or auto-enrolment for private-sector staff.	Required
Training entitlement provided by the employer	A required particular, and often significant in healthcare given mandatory training.	Required
Disciplinary and grievance procedure, or where to find it	Can be given by reference to a staff handbook or, for NHS staff, national frameworks.	Required
Probationary period, if any	Common in healthcare, often tied to training, DBS checks or professional registration.	If applicable
Professional registration requirements, if any	Where the role depends on registration with a body such as the NMC or GPhC, record it as a condition of employment.	If applicable

Sources: Section 1, ERA 1996 ↗ · GOV.UK ↗ · Our checklist

Healthcare-Specific Clauses

Points worth handling with extra care, given the sector's shift complexity and regulatory requirements.

1. Describe the shift pattern precisely, including rotation

State whether shifts rotate across days, evenings and nights, how the rota is published, and how much notice staff can expect before a shift is confirmed or changed.

2. Set out night work hours and health assessment rights

Where the role involves regular night work, reference the Working Time Regulations 1998 limits and the right to a free health assessment before starting night work and periodically afterwards.

3. Separate on-call time from sleep-in time

They are treated differently for pay purposes. Sleep-in time counts toward the National Minimum Wage for hours awake for the purpose of working, following Royal Mencap Society v Tomlinson-Blake. On-call payment in the NHS is set by local agreement.

4. Record travel time for domiciliary and community roles

Where a care worker travels between client visits during the working day, describe how that travel time is paid, since it generally counts as working time for National Minimum Wage purposes.

5. Reference professional registration and DBS requirements

Make clear that continued employment depends on maintaining any required registration, such as with the Nursing and Midwifery Council or General Pharmaceutical Council, and on a satisfactory enhanced DBS check where applicable.

6. State the position on Agenda for Change, where relevant

NHS employers should confirm the pay band and reference the current handbook rather than restating it. Private-sector employers should avoid implying Agenda for Change applies when it does not.

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Healthcare Written Statement Examples by Setting

The mandatory particulars stay the same across settings. What changes is how shifts, pay framework and on-call are described. Scenarios are illustrative. See also our general written statement example.

Example 1: Care home care assistant

A residential care home employs a care assistant on rotating days, evenings and occasional sleep-ins. The statement records the rotation, the hourly rate for working hours, how sleep-in time and any awake working time are paid, and a six-month probation tied to mandatory training.

Example 2: NHS Band 5 staff nurse

An NHS trust employs a newly qualified staff nurse at Agenda for Change Band 5. The statement confirms the band and pay point under the current handbook, references the NHS Pension Scheme and the 37.5-hour standard week, and describes a rotating shift pattern including nights, with confirmation that a night worker health assessment has been offered.

Example 3: Domiciliary care worker

A home care provider employs a community care worker visiting several clients each day. The statement describes a call-based pattern, confirms travel time between calls is paid at or above the National Minimum Wage, and records mileage separately from pay.

Example 4: Private dental nurse

A private dental practice employs a dental nurse on fixed weekday hours with occasional Saturday clinics. The statement records the Saturday rate, confirms General Dental Council registration as a condition of employment, and makes clear Agenda for Change terms do not apply.

Common Healthcare Employer Mistakes

1. Assuming Agenda for Change applies outside the NHS

Private clinics, care homes, dental practices, pharmacies and GP surgeries are not bound by Agenda for Change. Referencing it without actually adopting its terms confuses staff about their entitlements.

2. Treating every sleep-in the same way

The minimum wage position depends on the facts. A worker permitted to sleep is treated differently from one expected to work for most of the shift, or one not given suitable sleeping facilities.

3. Not recording domiciliary care travel time as working time

Time travelling between client visits during the working day generally counts as working time and needs to be paid, unlike ordinary commuting.

4. Skipping the night worker health assessment

Employers with staff on regular night shifts must offer a free health assessment before night work begins and at regular intervals afterwards.

5. Leaving professional registration or DBS conditions unstated

Where continued employment depends on registration or a satisfactory DBS check, state it as a clear condition rather than an unwritten assumption.

6. Issuing the statement after the first shift

The principal statement is due on the first day, even where induction or shadowing shifts begin before full rostered duties.

7. Using out-of-date sick pay wording

Statutory Sick Pay is payable from the first day of sickness for absences starting on or after 6 April 2026, and the lower earnings limit has been removed. Statements that still describe a waiting period or earnings threshold need updating.

8. Leaving probation undefined where training or registration is a condition

State explicitly how probation links to completing mandatory training or obtaining registration.

Healthcare Compliance Checklist

Confirmed whether the role sits within NHS Agenda for Change or a standalone private contract

For NHS roles, named the pay band, pay point and the country version of the handbook

Issued the principal statement on day one and the wider statement within two months

Described the shift and rotation pattern in specific, checkable terms

Identified whether the role involves night work under the Working Time Regulations 1998

Offered the free night worker health assessment where regular night work applies

Distinguished on-call from sleep-in time, and checked sleep-in pay against actual awake working time

Recorded domiciliary or community travel time as paid working time where relevant

Recorded professional registration and DBS requirements as conditions where relevant

Set a clear probationary period, linked to training or registration where relevant

Updated sick pay wording for Statutory Sick Pay from day one

Set a reminder to reissue if pay band, shift pattern or registration status changes (within one month)

Legislative Timeline

1996Employment Rights Act 1996

Section 1 sets out the written statement requirement that applies to healthcare staff in the NHS and private sector alike.

1998Working Time Regulations 1998

Set night worker hour limits and the right to a free health assessment, directly relevant to rotating healthcare shifts.

2004Agenda for Change introduced

Established the national pay band and terms framework for most NHS staff, now published in the NHS Terms and Conditions of Service Handbook.

April 2020Written statement becomes a day-one right

The principal statement became due on day one, for workers as well as employees, with the wider statement due within two months.

2021Royal Mencap Society v Tomlinson-Blake

The Supreme Court held that sleep-in care workers are entitled to the minimum wage only for time awake for the purpose of working.

18 December 2025Employment Rights Act 2025 receives Royal Assent

A phased reform package, including changes for zero hours and shift-based workers. Provisions come into force in stages, so check commencement.

6 April 2026Statutory Sick Pay from day one

The waiting period and lower earnings limit for Statutory Sick Pay were removed in Great Britain under the 2025 Act.

Sources: UK Supreme Court ↗ · Employment Rights Act 2025 ↗

About This Guide

🔄

Updated September 2026

Checked against Section 1 of the Employment Rights Act 1996, GOV.UK guidance, the Working Time Regulations 1998, the Supreme Court judgment in Royal Mencap Society v Tomlinson-Blake and the NHS Employers handbook.

🇬🇧

Where it applies

The Section 1 requirement applies in England, Scotland and Wales; Northern Ireland has an equivalent under its own employment rights order. Agenda for Change covers the whole UK with country variations.

⚠️

Not legal advice

This guide gives general information. For an unusual shift arrangement, a sleep-in pay dispute or an Agenda for Change banding query, get advice from a qualified employment solicitor or HR specialist.

OfficeDraft Legal Team

Written by mapping Section 1 against the Working Time Regulations, the Supreme Court sleep-in ruling and the NHS handbook, and checking each claim against the primary sources listed below. Worked examples are illustrative, and current pay rates are left for you to take from the published tables.

Primary sources and further help: Employment Rights Act 1996, s.1 · GOV.UK written statement guidance · NHS Employers handbook · Working Time Regulations 1998 · Royal Mencap v Tomlinson-Blake · Employment Rights Act 2025 · Acas · Law Society solicitor directory

Published: July 2026 · Last updated: September 2026 · Author: OfficeDraft Legal Team

Frequently Asked Questions

Do NHS employees get a written statement of employment?▾

Yes. NHS employees and workers are entitled to a written statement under Section 1 of the Employment Rights Act 1996 like any other staff. NHS employers usually meet this by referencing the individual's Agenda for Change pay band and the NHS Terms and Conditions of Service Handbook rather than restating every term.

When must a healthcare employee receive their written statement?▾

GOV.UK explains that the principal statement must be provided on the first day of employment, and the wider written statement within two months of the start of employment. The employer must tell the employee about changes within one month of making them.

Does NHS Agenda for Change replace the written statement requirement?▾

No. Agenda for Change sets pay bands and terms for most directly employed NHS staff, but the individual written statement is still required. The NHS Employers handbook says its terms apply to staff directly employed by NHS organisations, except very senior managers and staff within the remit of the Doctors' and Dentists' Review Body, and it has no application to private-sector employers.

Does Agenda for Change apply in Scotland, Wales and Northern Ireland?▾

The Agenda for Change system covers the whole of the UK, but each country can agree its own amendments, so pay tables and some sections differ. NHS Scotland publishes its own version of the handbook. Always reference the version that applies in the country where the employee works.

Are sleep-in shifts paid at the National Minimum Wage for the whole shift?▾

Not usually. Following Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8, a sleep-in worker is entitled to the National Minimum Wage only for time spent awake for the purpose of working. Government guidance treats the position differently where the worker is expected to work for all or most of the shift, or where suitable sleeping facilities are not provided, so check the current guidance for each arrangement.

How do the Working Time Regulations 1998 apply to night shifts in healthcare?▾

A night worker's normal hours must not exceed an average of eight hours in any 24-hour period, measured over a reference period, and there is no averaging where the work involves special hazards or heavy physical or mental strain. Employers must offer night workers a free health assessment before they start night work and at regular intervals afterwards.

What is the difference between on-call and sleep-in arrangements?▾

On-call means the worker is available outside normal hours to be called in, at the workplace, at home or elsewhere. The NHS handbook says on-call payment is set by local agreement within national principles. A sleep-in means the worker is present overnight at the workplace and permitted to sleep unless needed, and National Minimum Wage treatment depends on whether they are awake and working.

What must be included in a healthcare employee's written statement?▾

At minimum: employer and employee names, job title, start date, pay rate and how it is calculated, hours and shift pattern, place of work, holiday entitlement, and notice. Sick pay, pensions, training, and disciplinary and grievance procedures may be in the wider statement. For shift-based or on-call roles, also describe how night work, on-call time and sleep-ins are treated.

Do care workers get paid for travel time between clients?▾

Domiciliary care workers travelling between calls during their working day are generally entitled to be paid at least the National Minimum Wage for that time, because it counts as working time. Ordinary home-to-work commuting does not.

What happens if a healthcare employer does not provide a written statement?▾

An employee or worker can bring a tribunal claim about a missing or defective statement, usually alongside another claim such as unlawful deductions. Where the tribunal finds for them, it can award two or four weeks' pay for the failure.

Related Guides & Tools

⚠ Legal disclaimer

OfficeDraft's healthcare written statement generator helps employers produce a statement covering the core particulars required under Section 1 of the Employment Rights Act 1996. It does not calculate Agenda for Change banding, National Minimum Wage sleep-in liability or CQC compliance. This page and the generator provide general legal information and are not independent legal advice. Scenarios and figures are illustrative. If you are unsure how a shift pattern, sleep-in arrangement or pay band should be documented, seek advice from a qualified employment solicitor via the Law Society directory. See our Terms, Privacy Policy and Refund Policy.

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