Can employment documents be signed electronically?

 

 Which employment documents are involved?

Hiring someone and managing their employment produces several documents, and they do not all follow the same rules. The table sets out the main ones.

Can an employment contract be signed electronically?

Yes. An employment contract is an ordinary contract, and ordinary contracts in the UK have no special signing rules. A typed name, a signature drawn on a screen or a click through a signing platform all work, as long as the person means to sign.

The Law Commission confirmed in 2019 that an electronic signature can be used to sign a document, as long as the person signing means to authenticate it and any other formalities are met (Law Com No 386). For an employment contract, there are no other formalities.

See Are electronic signatures legally binding in the UK? for the wider picture.

The same goes for offer letters, changes to terms, and policy acknowledgements, such as a staff handbook.

Does the written statement of terms need to be signed?

No. Every employee and worker must be given a written statement of their main terms, such as pay, hours, holiday and where they work. This is required by section 1 of the Employment Rights Act 1996. Since 6 April 2020 it has applied to workers as well as employees, and it must be given on or before the first day. A few items, such as pension details, can follow within two months.

The law requires the employer to give the statement. It does not require the worker to sign it. Many employers put the required terms into the employment contract, which the worker then signs, and that is a sensible way to do it. But the signature belongs to the contract, not to the statement.

Can a settlement agreement be signed electronically?

Yes. A settlement agreement is where an employee agrees not to bring certain claims, usually in return for a payment. Normally an employee cannot give up their employment rights at all. A settlement agreement is the exception, but it only stops those claims if six conditions set out in section 203(3) of the Employment Rights Act 1996 are met.

The agreement must be in writing. It must relate to the particular claims being settled. The employee must have had advice from a relevant independent adviser about what the agreement means. That adviser must have insurance covering the advice. The agreement must name the adviser. And the agreement must state that the conditions have been met.

None of those six conditions requires ink, a witness or a deed. So a settlement agreement can be signed electronically by the employer and the employee.

The independent adviser is usually a solicitor, though a certified trade union official or advice centre worker also counts. The adviser cannot be someone acting for the employer. In practice the adviser signs a certificate confirming they gave the advice, and that can be signed electronically too.

Can right to work checks be done digitally?

For some workers, yes. A right to work check is not a signature. It is a check that a person is allowed to work in the UK, carried out before they start. But it sits right beside signing in most onboarding processes, which is why it is on this page.

There are three routes. For holders of a valid British or Irish passport, or an Irish passport card, an employer can use a certified digital provider to check the passport remotely. The final guidance calls these Right to Work digital verification service providers, or RtW DVSPs. Using one is optional, not required. Most other workers prove their status online through a share code. Anyone else needs a manual check of original documents.

A manual check can be done in person or over a live video link. Either way, the employer must have the worker’s original documents physically in hand. Inspecting a document only over video does not establish a statutory excuse. A video call is not enough. That is a common mistake, and a costly one, because a check done the wrong way does not protect the employer.

What changed on 1 October 2026?

Right to work checks will cover far more people. Until now the duty has applied to employees. From 1 October 2026 it also covers people engaged on workers’ contracts, individual subcontractors, and people found through online platforms. People running a genuinely independent business are outside the scheme. The guidance gives a self-employed plumber and a personal service company as examples.

The maximum civil penalty is £60,000 per illegal worker. The Home Office code of practice sets a starting point of £45,000 for a first breach and £60,000 for a repeat breach within three years. Both are reduced by £5,000 for reporting the worker and obtaining a Unique Reference Number, and by a further £5,000 for co-operating with the Home Office.

There is also a new kind of liability. A business can face a civil penalty for an illegal worker it has no direct contract with, for example someone working further down a chain of subcontractors. The penalty is up to £60,000 per worker.

What is now final

Section 48 of the Border Security, Asylum and Immigration Act 2025 took effect on 1 October 2026. The Home Office published the final Code of Practice and the final Employer’s Guide to Right to Work Checks on the same date, both replacing the earlier drafts.

[This page was checked against both on 12 October 2026.]

What about the Employment Rights Act 2025?

The Employment Rights Act 2025 became law on 18 December 2025. It is being brought in over two years, and it changes a lot about employment rights, including sick pay and protection from unfair dismissal.

It does not change how employment documents are signed. Contracts can still be signed electronically, and the rules on settlement agreements covered on this page are the same. Some employers will need to update the terms inside their contracts as the new rights come in, but the way those contracts are signed stays the same.

What should an employer check?

• Make sure the written statement of terms reaches every new starter on or before their first day, whether or not they sign anything.
• Keep the audit trail from your signing platform with each employee’s file. If someone later says they never agreed to a term, that record is your evidence.
• For settlement agreements, check that the adviser is properly qualified and named in the agreement. An agreement that fails any of the six conditions will not stop a claim.
• Do not use a video call for a manual right to work check.
• If you use contractors, gig workers or agency staff, review how right to work checks will apply to them before 1 October 2026.