From the 6th April 2020, you will have to provide a written statement of employment particulars to all workers from day one!
Two pieces of legislation will come into force on the 6th April 2020;
- Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
- Employment Rights (Miscellaneous Amendments) Regulations 2019
The latter amends the Employment Rights Act 1996 to extend the right to receive a written statement of employment particulars to all workers and the former requires this to be issued by no later than day one of the employment.
Currently, this right only applies to employees and you have up to two months.
The regulations also expand the minimum required contents of the written statement, the provision will apply to workers who being employment on or after the 6th April 2020.
Current legislation
Currently, Under s1 ERA a written statement must contact mandatory information covering such matters as the name of the employee and employer, the date when the employment began, the scale or rate of pay, hours of work, holiday entitlement, sick leave and pay, pension schemes, the employee’s job title and place of work, the length of notice required by either party to terminate the contract and details of any disciplinary and grievance rules and procedures.
If it’s a temporary or fixed term contract, you also need to cover how long employment is expected to continue or the date when it is to end.
Additional contents
The new written statement will also need to cover;
- any terms relating to the days of the week the workers are required to work and whether hours or days of work may be variable and, if so, how they vary or how that variation is determined
- any terms relating to any other paid leave – such as maternity leave
- any other benefits the company provides – bonuses, private medical cover etc
- details of any probationary period, including any conditions and its duration
- any training entitlement you provide, including any part of it that you require the worker to complete, and any other training the worker must complete but which the company won’t pay for
You will still be able to provide the particulars by installments as long as all are provided within two months and the majority is provided by no later than day one.
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.
With existing employees, you wont need to automatically issue an updated written statement to employees but they can request one. If you receive a request, this must be completed by the company within one month of the request being made.
