One of the main issues arising from a delay to provide a written contract is the uncertainty around terms. There is no legal requirement for any employee to have a written contract of employment. However, employers are required by article 33 of the Employment Rights (Northern Ireland) Order 1996 to provide employees with a written statement of the main terms of employment. It should be noted, however, that a written statement is not equivalent to an employment contract and is instead merely indicative of the main terms.

In Northern Ireland, employees who have been employed for longer than one month must receive a written statement within two months of starting work. In Great Britain, for employees whose employment commenced on or after 6 April 2020, the majority of written particulars must now be provided on or before the employee starts work.