Employees are entitled to be given written particulars (WP) of employment, reflecting the main terms and conditions of their employment within two months of starting employment. Employees who are not given WPs can apply to a tribunal , where the remedy will be a declaration from the tribunal either confirming the particulars as they actually stand or amending them or substituting others as it thinks appropriate. There is no financial penalty, unless under Article 27 of The Employment (Northern Ireland) Order 2003 the employee is successful in another claim before the tribunal from a list set out in Schedule 4 to the 2003 Order - in which case compensation of between 2-4 weeks' pay may be awarded. So, a claim for WP can be made on its own but no compensation will be paid. The tribunal cannot award compensation in the absence of another successful claim.

Similar rules apply in GB. In the case of Gultekin, the tribunal considered that the parties settled all their claims and/or the claimant withdrew them except the one for WP, which the employer accepted it had breached. The tribunal awarded compensation, on the grounds that settlement or withdrawal upon settlement indicated the claims were successful. Not so, according to the EAT: "There was no jurisdiction to make the award under section 38 [of the Employment Act 2002 in GB] since there was no finding in favour of the Claimant."
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