Copy of Will Your Contracts of Employment Still be Legal in April 2020?(Part 2)
Updated: Dec 2, 2019
Last time, we looked at the changes to the way holiday pay is calculated that is due to come into effect on 6 April 2020 and the impact that would have on employers and employees when there is no regular work pattern and pay, for example, employees who may receive shift allowances, overtime and other variable payments.
We also said there was at least one other significant change due in April and that is a "day one right" for employees AND workers to receive a written statement of terms and conditions of employment.
Currently, employers have up to 8 weeks to provide a new employee with a written statement (and up to one month to notify an existing employee in writing of a change to their terms and conditions.) At the moment, written particulars must include the following as a minimum:-
the business’s name
the employee’s name, job title or a description of work and start date
if a previous job counts towards a period of continuous employment, the date the period started
how much and how often an employee will get paid
hours of work (and if employees will have to work Sundays, nights or overtime
holiday entitlement (and if that includes public holidays)
where an employee will be working and whether they might have to relocate
if an employee works in different places, where these will be and what the employer’s address is.
For anyone employed after 6 April 2020 they will have the right to receive their contract of employment on Day 1, at the latest.
The legislation will also cover workers, so it won't just be employees affected.
And the contract will also need to cover additional topics, including probationary periods, any variation in working hours and "any other benefit provided by the employer."
Small business owners and HR Managers should review their existing contracts as soon as possible ready for new starters in April and beyond. If you allow flexible working or employ shift workers or people on zero hour contracts you will need to build this into your written statements. Review the benefits you offer your workers and decide the contractual status of any additional benefit - the legislation is unclear as to what constitutes a benefit in this context.
Bear Human Resources can provide an HR Consultant to help you look at how this change will affect your business and what you need to do now to be ready for 6 April 2020.
We also offer a FREE No Obligation HR Health Check for any potential new client where we will audit any existing HR documentation for compliance with current and forthcoming employment legislation.