April 2020 is a busy time in the world of Employment Legislation. One of the key changes to be aware of is in relation to written statements of employment particulars; Contracts of Employment to you and I! With effect from the 6th April 2020 the following will become legal obligations and must therefore be complied with:
- Obligation to provide statements to workers as well as employees.
Perhaps the most critical of the changes, organisations will now have to provide written particulars to all workers, as well as employees. At present, the requirement only applies to employees.
- No minimum service requirement for the right to receive written particulars.
The entitlement to written particulars will become a “day one right” and the one-month qualifying period will be abolished. This means that all employees and workers must be provided with written particulars of employment, no matter how long they’ll be working for the organisation, on day one of employment or before, if appropriate.
- Requirement for additional particulars.
In addition to the current prescribed information, the statement now must contain information regarding:
- The days of the week the employee/worker is required to work.
- Whether the hours of work may be variable and, if so, how the variation will be determined.
- Entitlement to other types of paid leave, such as maternity or paternity leave.
- Any additional remuneration and/or benefits available.
- Probationary periods (if relevant).
- Any required training which the worker will need to complete, or any other training in respect of which the organisation will not bear the cost.
These additional requirements will only apply to engagements starting on or after 6 April 2020. However, from that date, existing employees may request a written statement complying with the new requirements, which will need to be provided to them within one month of the request being made.
Under the existing law, employees can only bring a tribunal claim for the failure to provide a section 1 statement if they’re also bringing another specified claim in the tribunal (including unfair dismissal claims). The compensation for failure to provide a section 1 statement is capped at four weeks’ basic pay, currently £2,100.
If you need any help drafting new contracts of employment or reviewing your current documentation, please contact Alexandra Marriott – firstname.lastname@example.org or 07515879726.
Want to know more? Call us on 01604 746760 or email email@example.com