Are your employment contracts ready for 6 April?
From 6 April, employers will have to include additional information in employment contracts, provide the information earlier and provide it to workers as well as employees. This is due to changes to the law relating to the statement of employment particulars.
What are the new rights for workers?
Workers who start working for an employer on or after 6 April 2020 will be entitled to a statement of employment particulars for the first time. This change is part of the Government’s Good Work Plan published in December 2018 and aims to improve workers' understanding of their rights. Currently only employees are entitled to this information.
Day one right
Employers may provide the required information in the form of a statement, but often choose to include it in the employment contract. For employees and workers starting a job on or after 6 April, employers will have to provide most of the information on or before the first day of employment.
Employers will have to provide the following information to workers and employees, in addition to the information already provided to employees:
- the days of week they must work
- whether the hours or days of work are variable and, if so, how they vary or how any variation is determined
- any rights to paid leave (on top of sick leave and holiday), for example maternity and paternity leave
- the length and conditions of any probationary period
- all benefits
- entitlement to training
- whether any training is compulsory
- whether they have to pay for any compulsory training.
Employers will have to provide most of the details in a single document provided on or before the first day of employment. Details of pensions, collective agreements, training entitlement and disciplinary and grievance procedures may be given separately and must be given no later than two months after the start of employment. Employers will be able to refer workers to another reasonably accessible document for information relating to incapacity and sick pay, paid leave (other than holiday), pensions and non-compulsory training entitlement the worker does not have to pay for.
What impact does this have on existing employees?
Existing employees will not be entitled to a statement containing these additional particulars, unless they request one. However, if their contract terminates and they start work under a new contract, the new contract will have to comply with the new rules.
The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.