Statement of Employment Terms – changes from April 2020

Significant changes are being made from 6th April 2020 and all Employers will need to follow these new laws about the Statement employees receive when they start work (which are contained in the Employment Rights (Miscellaneous) Regulations 2019 and the Employment Rights (Employment Particulars) Regulations 2019).

Currently, all employees are legally entitled to receive a document setting out their specific terms and conditions of enokitnebt . This is called a Section 1 Statement (as it is a requirement from Section 1 of the Employment Rights Act 1996) and it is usually included in their Contract of Employment. Currently, employees must receive this Statement within 2 months of starting work (unless their contract lasts only 1 month or less).

However, from 6th April 2020, all employees and workers (in England, Wales and Scotland), will need to receive a Section 1 Statement, on or before their first day of work (so this becomes a Day 1 right).Statement

So, what does this mean?

Current Requirements of the Section 1 Statement Timescale when should be provided and how provided New Requirements of the Section 1 Statement (from 6th April 2020) Timescale when should be provided How provided
         
The name of the Company and the employees name Within 2 months of starting (in the S1 Statement) The name of the Company and the employee or workers name Before starting or on Day 1 In Statement/

Contract

The date when their employment started and their period of continuous employment Within 2 months of starting (in the S1 Statement) The date when their employment started, and for employees only, their period of continuous employment Before starting or on Day 1 In Statement/

Contract

Their salary or rate of pay and the intervals at which it is paid Within 2 months of starting (in the S1 Statement) Same As Before starting or on Day 1 In Statement/

Contract

Their normal working hours Within 2 months of starting (in the S1 Statement) Any terms and conditions relating to work – their normal working hours, the days of the week they are required to work; information if those hours or days are variable and how they may vary Before starting or on Day 1 In Statement/

Contract

Any t&c’s relating to their holiday entitlement, including information about public holidays; holiday pay; accrued holiday pay on termination of employment. Within 2 months of starting (in the S1 Statement) Same As Before starting or on Day 1 In Statement/

Contract

Their job title and/or a brief job description Within 2 months of starting (in the S1 Statement) S/A Before starting or on Day 1 In Statement/

Contract

Their place of work, or if required to work in more than one location, and indication of this and the Company’s address.     Where an individual is required to work outside the UK for a period of 1 month, additional information about that. Within 2 months of starting (but information about working abroad can be given as supplementary information) S/A Before starting or on Day 1 In Statement/

Contract

n/a n/a If there is a probationary period, details, including any conditions and duration. Before starting or on Day 1 In Statement/

Contract

The notice the Company needs to give, and the notice they need to give to terminate their employment Within 2 months of starting (but can be given as supplementary information) S/A Before starting or on Day 1 In Statement/

Contract

Where the job is not permanent, the period for which their employment is expected to continue; and if it is a fixed term contract the date it is expected to end. Within 2 months of starting (but can be given as supplementary information) S/A Before starting or on Day 1 In Statement/

Contract

Any Collective Agreements that directly affect their T&C’s. Within 2 months of starting (but can be given as supplementary information) S/A Within 2 months of starting In Statement/

Contract

Their entitlement to sick leave, including any entitlement to sick pay Within 2 months of starting (but can be given as supplementary information) Their entitlement to sick leave, including any entitlement to sick pay. And terms relating to absence. Before starting or on Day 1 Details can be contained in a separate document, e.g. Handbook; does not need to be included in Statement
Information about the pension scheme the Company operates Within 2 months of starting (but can be given as supplementary information) S/A Within 2 months of starting. Details can be contained in a separate document, e.g. Handbook; does not need to be included in Statement
Information about disciplinary and grievance procedures Within 2 months of starting (but can be given as supplementary information) S/A Within 2 months of starting Details can be contained in a separate document, e.g. Handbook; does not need to be included in Statement
n/a n/a Their entitlement to any other form of paid leave, including maternity and paternity leave Any other benefits or remuneration not already in the statement (e.g. vouchers, lunch, health insurance) Before starting or on Day 1 Details can be contained in a separate document, e.g. Handbook; does not need to be included in Statement
n/a n/a Any training entitlement provided by the Employer; any part of that training entitlement which the employer requires the individual to complete, and any other training which the Employer requires the individual to complete and which the employer will not pay for. Within 2 months of starting Details can be contained in a separate document, e.g. Handbook; does not need to be included in Statement

If there is no information in relation to any of these items, this must be stated. Statement

Who does this apply to?

All new employees and workers engaged on or after 6th April 2020.

Existing employees will have the right to request a Statement containing this additional information after this date – which must be provided within 1 month – and will be able to request this information any time up to 3 months after their employment ends.

There is no longer an exception for jobs lasting less than 1 month.

For existing staff – if there is a change to any of their T&C’s, including to any provisions which may not have been in their original statement, employers have to notify existing employees of the change – e.g. if there is no mention of a benefit or training in their original contract, and it is changed, then the change would have to be notified to existing employees.

Non-Compliance

If a section 1 statements is not provided by the Employer then individuals are entitled to make a referral to an Employment Tribunal for a declaration of what their T&C’s are. Like now, however, claims of this type will remain ‘piggyback’ claims, meaning that if an individual is successful in making other certain claims, an ET can award them between 2-4 weeks pay (subject to the statutory weekly cap, which is currently £525 per week) for a failure to provide the required information.

What do we need to do now?

Review and amend template contracts for employees, workers/casuals.

If you need any help please let us know!  I’ll update this page if anything becomes clearer!

The Human Resources Consultancy service for SME's in the UK creative industries

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