Restaurant Employment Contracts Basics
What a restaurant employment contract and written statement should cover: hours, pay, tips, probation, notice, training and changes, with UK rules linked.
Updated 8 min read
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Key takeaways
- In the UK a contract exists as soon as someone accepts a job offer, and it does not have to be written down, but a written statement is due on day one.
- A good written statement covers pay, hours, holidays, location, probation, training and how changes are made.
- Say clearly how tips and service charge are handled, what hours are guaranteed and how rota changes work.
- Employment law differs by country and changes often: use official sources and ask a qualified adviser before you rely on a template.
In short: give every new starter clear written terms before or on their first day: who the employer is, the job, pay, hours, holidays, where and when they work, probation, notice, training, tips and how rota and terms can change. Use your government's official guidance and ask a qualified adviser to check your template.
About 8 minutes to read. General information, not legal advice. Employment law differs by country and changes often: check your local authority.
Most disputes between a restaurant and a team member start with a different memory of what was promised. "I thought I had a guaranteed 30 hours." "I was told tips are shared equally." "Nobody said I had to pay for the uniform." A clear written agreement removes most of that.
This guide explains what good terms contain, shows how the UK system works as an example with official sources, and points out the areas that are particular to restaurants. It is not legal advice, and it is not a template.
Contract, written statement and handbook
Three documents are often confused.
- The contract is the agreement itself: the terms on which someone works for you. GOV.UK says that in the UK a contract exists as soon as someone accepts a job offer and does not have to be written down. Terms are the conditions, rights, responsibilities and duties, and both sides must keep to them until the contract ends or the terms are changed, usually by agreement.
- The written statement (in the UK, the "written statement of employment particulars") is a document that sets out the key terms in writing. GOV.UK says it is not the employment contract, but it is a legal duty.
- The handbook or staff policies explain how things work day to day: dress code, phones, breaks, shift swaps, the disciplinary and grievance process. It is useful, but check whether it forms part of the contract or sits beside it.
What the UK written statement must say
As of October 2026 GOV.UK explains the following. Always read the current page before you act.
Who is covered: employees and workers.
When:
- the principal statement on the first day of employment;
- the wider written statement within two months of the start;
- changes must be notified within one month of the change.
The principal statement must include:
- the employer's name, and the person's name, job title or description of work and start date;
- the amount of pay and how often it is paid;
- hours and days of work, and whether they may vary, including Sunday, night or overtime work;
- holiday entitlement, and whether it includes public holidays;
- the work location, and whether relocation may be required;
- the expected duration, or the end date of a fixed term;
- the probation period and conditions;
- other benefits;
- any obligatory training;
- for employees, the start date of a previous job if it counts towards continuous employment.
Day one information (in the statement or in another document the person can easily reach): sick pay and procedures, other paid leave such as maternity or paternity leave, and notice periods.
The wider written statement adds: pensions and pension schemes, collective agreements, any right to non-compulsory training the employer provides, and disciplinary and grievance procedures.
If you work in another country, look for the equivalent: the national labour ministry, the local employment authority or an adviser can tell you what must be in writing and when.
Terms that matter in restaurants
Hours and the rota
Restaurant hours change. Say honestly how.
- Contracted hours: are they guaranteed, or is it a range?
- Rota notice: how many days in advance will you publish it, and what happens if you change it after publication?
- Shift swaps: who approves them, and how.
- Split shifts and late finishes: state them if they are normal.
- Breaks and rest: follow your local rules and say what the team gets.
- Overtime: how it is requested, approved and paid.
The rota is easier to keep to when everybody sees it in the same place. DineHarbor's team and shifts helps you share it, but the terms themselves belong in the written agreement. See labour cost and the rota.
Pay, tips and service charge
Describe pay and how often it is paid, and say what happens with tips and service charge: who receives them, how they are pooled, who decides, how often they are paid out and whether any deductions are made. Rules about tips differ widely by country and region. See tips and service charges and check your local authority. Put the policy in writing and keep to it.
Probation
If you use a probation period, state its length and conditions. Say what will be reviewed and when, and what happens at the end: confirmation, extension or the end of the job. Keep your promise to hold the reviews. See staff onboarding.
Holidays and sickness
State the holiday entitlement, how the year is counted and how requests are made. State how to report sickness, what pay applies and what evidence you need. Busy periods may limit holiday: say so openly, with the notice you require.
Notice and ending the job
Say how much notice each side gives. Explain what happens to pay, uniform and keys at the end. Where a fixed term applies, state the end date.
Training
If training is required, such as food hygiene or allergen awareness, say so, say who pays and whether the time is paid. See staff training and allergen training.
Uniform and equipment
State what you provide, what the person provides, how it is cleaned and what happens if it is lost. Check your local rules before making any deduction from pay, because they are restricted in many countries.
Discipline and grievances
Point to the written procedures and make sure they exist. See managing conflict.
Changing the terms
Terms can change by agreement. In the UK, GOV.UK says employers must tell employees or workers about a change within one month. Do not change pay, hours or tips by announcement alone. Talk, explain, write it down and get agreement where the law needs it.
Types of arrangement
Restaurants use several. Whatever the label, the law may look at the reality of the working relationship as well as the paper.
| Arrangement | Typical use | Watch out for |
|---|---|---|
| Permanent, full time | Core kitchen and floor team | Clear hours and the rota rules |
| Permanent, part time | Student and evening roles | Pro rata holidays and pay |
| Fixed term | Seasonal peaks, cover | The end date and what happens next |
| Casual or zero hours | Extra shifts, events | What the law gives these workers where you operate |
| Apprentice or trainee | Learning roles | Special rules on pay and training |
| Self employed or contractor | Real independent suppliers such as a photographer | Do not use it for roles that are really employment |
Employment status is a legal question. If you are unsure whether a person is an employee, a worker or self employed, ask your tax and employment authorities or a qualified adviser.
Keep it fair and simple
- Write in plain words and give people time to read the document.
- Offer help in the person's language, or at least a verbal walk through.
- Give each person a signed copy.
- Keep a signed copy in a locked file or a secure system and respect data protection rules. In the UK, the ICO says personal data must be limited to what is necessary for your purposes and kept no longer than necessary.
- Check that the way you actually run the restaurant matches the paper.
Review once a year
Law changes, the business changes and the team changes. Once a year, check your template against current official guidance, update the rota rules and tips policy, and make sure every person has current terms. When you change the terms, tell the person and write down what changed and when.
Common mistakes
- Starting someone without any written terms.
- Using a template from another country or another decade.
- Promising hours or tips verbally and writing something different.
- Changing pay or hours without agreement or notice.
- Calling someone self employed when they work like an employee.
- Leaving probation reviews undone.
- Not telling the person where to find the disciplinary and grievance procedures.
A checklist
- Check your country's rules on written terms and timing.
- Give written terms on or before day one, as the law requires.
- Cover pay, hours, holidays, location, probation, notice and training.
- State clearly how tips, service charge and rota changes work.
- Point to the disciplinary and grievance procedures.
- Give a signed copy and keep one safely.
- Notify changes in writing and in time.
- Review your template each year with a qualified adviser.
Sources
- GOV.UK, Employment contracts and conditions, read in October 2026.
- GOV.UK, Written statement of employment particulars, read in October 2026.
- ICO, A guide to the data protection principles.
- Your local employment authority or a qualified adviser for the rules that apply to you.
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Questions and answers
Does an employment contract have to be in writing?
In the UK, GOV.UK says a contract exists once someone accepts a job offer and it does not have to be written down. A written statement of employment particulars is still required, with the principal statement due on the first day. Other countries differ.
What must a written statement include in the UK?
Among other things: the employer and employee names, job title, start date, pay and how often it is paid, hours and days of work, holiday entitlement, work location, probation, other benefits and obligatory training. Further details such as sick pay, notice periods, pensions and disciplinary procedures follow. Check the current GOV.UK list.
Who is covered by the written statement in the UK?
GOV.UK says employees and workers. The statement is not itself an employment contract.
How should I handle tips in a contract?
State plainly how tips and service charge are collected and shared, who decides, and how often they are paid. Rules about tips differ by country, so check your local authority.
Can I use a free template?
A template is a starting point. Employment law changes and varies by country and region, so have a qualified adviser or your local employment authority check it before you use it.
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The DineHarbor team writes this blog for restaurant owners and managers. Every article is checked against the product before it is published, so what we describe is what the software does.
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