On Monday the 6th April 2020; all new employees and also workers have the right to a Statement of Written Particulars from their first day of employment.
This is a major change; as the current law is that employees who have been continuously employed for more than one month must be provided with a written Statement of Terms (commonly known as a written contract of employment) within two months of employment commencing.
The new obligation means that a written Statement of Particulars will need to be issued to an employee on day one of employment. They will also have to contain additional information to be included as part of these extended rights.
What do Employers Need to Do?
It is now fundamentally necessary that employers are aware that they now need to begin preparation of the revised Statement of Particulars during the recruitment stage so that they can be compliant with the new law and issue this to an employee on the first day of employment.
Employers will also need to consider who might qualify as a worker; issuing an employment contract to employees only and issuing a separate document of terms for workers.
This change to the law has emanated from The Good Work Plan 2020 which brings the biggest upgrade to employment law in a generation, including the removal of a service requirement for the right to have a written statement of work particulars. In practice, this means that even if an employee is to be working for a fixed term of only two months of less they will still need to be issued with a written Statement of Particulars.
This major change has the intention of ensuring that both parties are clear about the main contractual terms from the outset of the relationship.
Employees have a legal right to bring a claim for compensation if their employer fails to provide them with a written statement of particulars. From 6 April 2020, this right to make a complaint to an employment tribunal will be extended to all workers.
An Employment Tribunal can make an award of the minimum amount (two weeks’ pay) unless there are “exceptional circumstances.” The Tribunal may award the higher amount (four weeks’ pay) if it considers it just and equitable in all the circumstances.
Farleys Solicitors LLP specialise in a commercial employment law & HR for businesses. Advice and support includes contracts of employment, staff handbooks, directors service agreements, casual worker agreements and zero hours contracts, apprentices, equal pay, recruitment, restructures, disciplinaries, grievances, employee exits, settlement agreements; and Employment Tribunal defence and representation.
If you require any assistance with any of the above please contact Farleys Employment Law & HR team on 0845 287 0939 or send us your enquiry online.