If you cast your mind back to 2017, you will remember that the highly anticipated Taylor Review of Modern Working Practices was published amid much publicity, and made a wide range of recommendations for reform of working practices.
The government responded to this with its Good Work Plan, which included proposals to improve the information that must be provided when an individual starts a new job.
To that end, from 6 April 2020, employers will be required to provide more detailed particulars of employment, to a wider section of their workforce.
Under section 1 of the Employment Rights Act 1996, a written statement of employment particulars must be provided to employees (not workers) within two months of the start of their employment. Employees must have at least one month’s service in order to enforce this right.
For individuals who start work on or after 6 April 2020, a written statement of employment particulars must be provided to workers, as well as employees.
The qualifying period of employment and the ‘grace period’ of two months from the start of employment will be abolished. This means that all workers and employees will have the right to receive the majority of their employment particulars from day one of their engagement, no matter how long they will be working for an organisation.
In addition to the information which must be set out in employment particulars at present, the following information must be provided.
The following information can be provided in a single supplementary statement within two months of work commencing.
Existing employees (and former employees who make a request within three months of their termination of employment) whose employment started between 30 November 1993 and 6 April 2020, will have the right to request a section 1 statement which complies with the new rules. If such a request is made, a compliant statement must be provided within one month.
There is no change in this regard. As currently, there will be no standalone claim for a failure to provide a statement of employment particulars, or for providing incomplete information. Compensation will only be payable if a claimant brings a successful substantive claim (such as unfair dismissal or discrimination). Compensation is between two and four weeks’ pay, and a ‘week’s pay’ is capped at the statutory maximum (currently £525 per week).
Please contact me, or your usual TLT contact, if you require any assistance with the legal assessment of which roles will be in scope, drafting template documentation and / or implementing the changes outlined above.
Contributor: Sarah Maddock
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at December 2019. Specific advice should be sought for specific cases. For more information see our terms and conditions.