17/06/2019

There are a number of changes coming into force next April with regard to what employers must include in their terms of employment with staff.

The main change is that a statement of ‘written particulars’ will become a day one right for both employees (people who are employed under a contract of employment) and workers (for example, a contractor who is not an employee).

Terms of employment outline key responsibilities and the benefits of the job. They cover things like start date, job description and title, working hours, dress code, holidays and salary.

As it stands at the moment, employers have up to two months to issue the statement to any employee who will be working for them for more than a month.

Although the changes don’t come into force until 6 April 2020, employers should start to prepare now and possibly implement the changes for new starters sooner rather than later.

The main changes are:

  1. There will be no minimum amount of work required before an employer is required to provide a statement of terms. (Currently the requirement for terms is only if the work will last more than one month)
  2. All workers must be provided with a statement of terms, not just employees as required now.
  3. The majority of terms must be given in a single statement, before or when employment begins. The terms relating to pensions, collective agreements and any training entitlement must be given within two months of employment starting.
  4. The statement will also need to set out:
    a. The days of the week the worker is required to work.
    b. Whether the hours my be variable and how any variation will be determined.
    c. Any paid leave the worker is entitled to such as maternity or paternity leave.
    d. Details of all pay and benefits.
    e. Any probationary period.
    f. Any training entitlement provided and whether this is mandatory and if the worker must pay for it.

If a current employee asks for an updated contract, employers must provide this within a month of the request. But employers should not be concerned. These changes are simply making it clearer for both parties, what the terms are between them.

If you need any advice about an employment law matter, please phone 01782 205000 or email Laura Franklin at laura.franklin@beswicks.com