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Haines Watts Hereford Phone icon 01432 273189

Britain’s businesses have a lot to contend with this year from the ongoing uncertainty surrounding Brexit to the introduction of Making Tax Digital.

Accompanying the arrival of MTD were changes to the information required to be given on payslips, which extend the requirement to provide an itemised payslip to all workers, not just employees. Employers must also show the number of hours worked on the payslip, not just a total pay figure.

HR teams will also be in for a busy 2020 as from April 6 employers must provide a written statement of employment particulars to ALL workers from day one and include additional mandatory content.

Here’s the nitty gritty…

The Employment Rights (Employment Particulars and Paid Annual Leave) Amendment) Regulations 2018 (SI 2018/1378) and the draft Employment Rights Act 1996 (ERA) extend the right to receive a written statement of employment particulars to all workers – this currently applies only to employees.

A written statement must be issued no later than day one of employment – currently employers have up to two months to do so. The regulations expand the minimum required contents of the written statement and apply to workers who begin employment on or after April 6, 2020.

What do written statements include now?

Under ERA, a written statement must contain the names of the employee and employer, the date when employment began, the scale or rate of pay, hours of work, holiday entitlement, sick leave and pay, pension schemes, the employee’s job title and place of work, the length of notice required to be given by either party to terminate the contract and details of any disciplinary and grievance rules and procedures.

If it’s a temporary or fixed-term contract, you also need to cover how long employment is expected to continue or the date when it’s to end.

What needs to be added in 2020?

Once the ERA is updated, the written statement will also need to cover:

  • Any terms relating to the days of the week the worker is required to work, and whether hours or days of work may be variable and, if so, how they vary or how that vary or how that variation is determined;
  • Any terms relating to any other paid leave, for example, maternity leave;
  • Any other benefits you provide e.g. bonuses or private medical cover;
  • Details of any probationary period, including duration and conditions;
  • Any training entitlement you provide, including any part of it that you require the worker to complete and any other training the worker must complete but which you won’t pay for.

Many employers will go further and issue a more detailed employment contract including additional employer-protective provisions such as confidentiality clauses. We recommend you do this, but ensure it incorporates the ERA information.

Businesses don’t need to automatically issue an updated written statement to employees already in employment before April 6, 2020, but they can request one. If they do, you must give them within one month of their request being made.

If you have any queries about the legislation changes, please contact my colleagues in the payroll team via the details below.

Want to know more? Call us on 01432 273189 or email hereford@hwca.com

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