The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 and the Employment Rights (Miscellaneous Amendments) Regulations 2019 also come into force.
Currently employers have up to two months to issue the statement to any employee working for them for more than a month, but from 6 April 2020 the right to a statement of written particulars will become a day one right. The statement will now need to include the following details:
- how long a job is expected to last, or the end date of a fixed-term contract
- how much notice the employer and worker are required to give to terminate the agreement
- details of eligibility for sick leave and pay
- details of other types of paid leave e.g. maternity leave and paternity leave
- the duration and conditions of any probationary period
- all remuneration (not just pay) e.g. vouchers, lunch, health insurance
- the normal working hours, the days of the week the worker is required to work, and whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined
- any training entitlement provided by the employer, any part of that training entitlement which the employer requires the worker to complete, and any other training which the employer requires the worker to complete and which the employer will not bear the cost.
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The above changes apply to employees and workers starting on or after 6 April 2020. Contracts issued prior to this date are not affected by this change.
Practical action points:
- Employers should take early steps to review their current contracts of employment to ensure that they are ready prior to the changes coming into effect.
- It would also be advisable for HR undertaking the recruitment processes to ensure that all the required information is included in their contracts.
- Employers should also consider having procedures as part of the recruitment process to ensure documentation is issued on or before the first day of work. It’s anticipated that most employers do send out contracts prior to a start date
Credits: Paida Dube, Employment Solicitor - DavidsonMorris