Employment Law - Upcoming Changes
There are a number of upcoming changes to employment law this year, which include (but are not limited to) amendments to agency workers rules, the right to a written statement of terms and the introduction of new parental bereavement legislation. Each of these changes will impact both employers and employees in different ways, and are due to be implemented on 6th April 2020.
Looking at the amendments to the right to a written statement of terms, at present employees who have been continuously employed for more than one month must be provided with a written statement of terms within two months of their employment commencing. This statement differs from the employment contract itself but should include the main conditions of employment (more information can be found here. From 6th April 2020, this requirement will be changing to ensure that employees and workers have the right to a statement of written particulars from their first day of employment. This removes the current leeway given to employers and will require them to act swiftly in preparing an appropriate statement of particulars in the early stages of recruitment, to ensure that the written statement is ready and received by the employee on their first working day with all aspects of the position being clearly communicated.
What does this mean for existing employees? Whilst this requirement will not apply to employees who were employed before 6th April 2020 as a matter of course if there have been no changes to their employment since their original statement, such employees are entitled to receive a compliant, updated written statement upon requesting this on or after the new legislation coming into practice, within one month of the request being made. Alternatively, if there has been a change to their employment as set out within their initial statement of terms, for example a training requirement or certain benefit which now or no longer applies, employers will need to notify both new and existing employees of this change in accordance with this legislation.
If you require assistance with drafting employment documents or are an employer or employee with any other employment related query, please do not hesitate to contact Ella in our Employment Department who would be happy to assist. You can call us on 01626 772441 or email us.
By Ella-Jade Higgins, FCILEx, February 2020