The implementation of Employment Law affects both employers and employees alike. There are several significant changes proposed for implementation on 06 April 2020.
• Extension of the right to a written statement of particulars of employment
At the moment employers have to provide a written statement outlining the basic terms of employment to all employees whose employment lasts for a month or more. From April 2020 the written statement must be provided on Day 1 of employment. This requirement is for both workers and employees and should include the days an employee is expected to work and whether the days or hours are variable. Any probationary period and conditions and details of any training should also be included. In addition any benefits provided by the employer should also be defined.
• Increase in the period over which holiday pay is calculated
Presently a worker with irregular hours has holiday pay calculated by averaging the number of hours worked over the previous 12 weeks (the ‘pay reference period’). From April the pay reference period will be 52 weeks or for those workers who worked for less than 52 weeks, the total number of weeks they have worked.
• Increased protection for agency workers
After 12 weeks, agency workers are paid at the same rate as permanent employees unless working under specific contractual arrangements where they receive a minimum level of pay between assignments known as the ‘Swedish derogation model. From April, this difference will be abolished and the right to comparable pay will apply to all agency workers after 12 weeks. Employers will also be required to provide agency workers with a ‘Key Facts’ page providing basic information regarding their contract, pay rates and pay arrangements.
• The Parental Bereavement (Leave and Pay) Act 2018
This law is expected to come into force in April 2020. If it does come into force, bereaved parents will have the right to two weeks of leave following the loss of child under the age of 18, or a stillbirth after 24 weeks of pregnancy.
In addition to these aforementioned changes the government is undertaking three other significant consultations resulting in possible legislative changes:
a) Flexible working; b) proposals for a new labour enforcement body and c) protections for disabled and unwell workers.
Audley Chaucer is experienced in employment law and together with its comprehensive litigation department the firm can provide satisfactory solutions for employers and employees.
Ian Lake
