![]() Discrimination, bullying and harassment.Dealing with a problem raised by an employee.Health, safety and wellbeing when working from home.Getting a doctor's report about an employee's health.Consulting employees and their representatives.If you are an employer and would like our help please contact Imogen Finnegan or Marc Jones or call us on 02. We are currently helping clients with the new rules – it’s quick and straightforward work. The worker/employee distinction will need to be considered. Given that employers will be required to produce statements for employees on day one it will mean that full details of job offers will need to established from the outset.Įxisting contracts will need to be reviewed. This is the case even when the existing employee has not, up until that point, requested a new section 1 notice. It is also important to be aware that if new provisions are introduced and they fall within the remit of the new section 1 notice then existing employees should be notified of these changes. An employee has no longer than one month to give such additional information. Existing EmployeesĪs of 6 April 2020 an existing employee can request additional information now required in a section 1 notice at any time up to three months after the end of employment. It is important that employers do not sanction unwanted or potentially harmful rights to those normally defined as workers. Someone who is genuinely self-employed will obviously fall outside of this definition.ĭisciplinary and grievance procedures as well as probationary periods would not normally apply to ‘workers’ and therefore specifying these in a worker’s statement could imply that they are an employee. A worker being loosely defined as someone obliged to provide work personally, but not carrying on business where the employer is the customer. ![]() This places the onus on the employer to determine whether their contract is with an ‘employee’ or ‘worker’ and tailor the information to suit either definition. The determination of an average week’s pay must be based on data from 52 weeks rather than 12 weeks or the number of complete weeks for which the worker has been employed.Ī section 1 notice, under the new requirements, is now available to both employees and workers.Terms related to work outside the UK for a period of more than one month.Terms as to length of temporary or fixed-term work.Terms relating to absence due to incapacity and sick pay.The notice periods for termination by either side.There are other particulars which are now required in the same principal statement and not a supplementary one:.Any training provided by the employer which the worker is required to complete and any other required training in respect of which the employer will not bear the cost.Probationary period, including any conditions and its duration.Remuneration or benefits provided by employer.Maternity leave and paternity leave entitlement.Whether working hours or days may be variable.Days of the week a worker is required to work.There is more information required in a section 1 statement and this must be contained within a single document.The definition of those affected has changed from ‘employee’ to ‘worker’ which means those with looser service contracts (worker contracts) will, in some cases, still have a right to a section 1 statement.The right to a statement of employment particulars will start from day one of employment and those working for less than a month are no longer an exception.The ERA does not require information regarding disciplinary procedure to be included within the same statement but it must also be made available to employees within two months of employment commencing. Date of any period of continuous employment.This is sometimes referred to as a ‘section 1 statement’ and it must be produced within two months of the start of employment. Section 1 Employment Rights Act 1996 (ERA) details that employees who are to work for more than a month must be provided with a statement of employment particulars. In order to understand the changes made it is useful to have a firm grasp on what is required prior to 6 April 2020. The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.The Employment Rights (Miscellaneous Amendments) Regulations 2019 and.This has come about as a result of recent legislation: It sets out the bare bones of the employment contract (more on this below).įrom 6 April 2020 the statement of employment particulars is changing – more detail will need to be included. A statement of employment particulars is a written form that an employer must give an employee when the employee first starts working for the employer. ![]()
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