From April 2020 the Government has introduced new regulations to require all workers to receive a Written Statement on their first day of employment. Previously the employer had 8 weeks’ to give their new employees a copy of their Written Statement and didn’t need to give one at all if the worker was casual assignment only expecting to last 4 weeks or less.
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
At the same time as issuing new rules as to when the contract is issued the Government has also made changes to what information must be contained in the Written Statements and to whom, from April all workers including employees need to be issued with the written particulars.
I know a number of you are curious about what these changes are, so I’ve summarised these for you below. These are what the new rules expect you to include for all employees who start their jobs after 6th April 2020.
- How long the job is expected to last? If fixed term it will need to state it is fixed term?
- How much notice is required?
- Details of eligibility to sick leave and sick pay.
- Details of other forms of paid leave that may be applicable i.e. maternity, paternity, adoption and now parental bereavement.
- Duration and any conditions of the probationary period.
- Remuneration and benefits.
- Which days of the week worked (the pattern) or as per the rota.?
- Details of any mandatory or contractual training that has to be undertaken including that which is paid for by the employer.
There’s no need to issue new contracts to existing staff on the 6th April.
If you are giving staff a pay rise on 1st April (to reflect the increase in the National Minimum Wage) you can issue a letter. Remember the rules to note is one change (i.e. salary) equals a letter, two changes (i.e. job title and salary) equals a new contract.
A failure to provide a section 1 statement, or providing one which is inaccurate or incomplete, could entitle an employee (and from April 2020 a worker) to bring an employment Tribunal claim. Compensation for breach is between two and four weeks’ pay (subject to the statutory cap, currently £525 per week). We understand that this would still need to be part of another claim, as it has been since the right to Written Statements was first introduced with the Employment Rights Act 1996.
So what can you do to prepare?
As many of you may be used to issuing Written Statements at induction or during the probationary period, we would now encourage you to issue these with the letter of offer before or on the same day the new starter joins you.
If you need any assistance with any aspect of complying with these new regulations please do not hesitate to call us. You can visit our shop section of our site to see what template contracts we have available for you to purchase and download.
You can also call us on 01527 909436 if you have any further questions.