Changes from 6 April 2020 relating to the right to a written statement of particulars of employmentTinsdills
Employers are currently obliged to provide employees (but not ‘workers’) with a section 1 statement of particulars of employment within 2 months from the commencement of employment. A section 1 statement is basically a short version of a contract of employment.
However, from 6 April 2020 the following key changes are to be introduced:
• The right to a section 1 statement will be extended to workers not just employees
• The section 1 statement must be provided on the first day of employment
• The exclusion for employees in short-term employment for a period of less than one month no longer applies – all employees and workers have the right to receive written particulars no later than the time their employment commences, regardless of how long the employment will last
• Additional prescribed details must be included in the statement
• In relation to hours of work, particulars of the days of the week the worker is required to work and whether or not such hours or days may be variable and, if they may be, how they vary or how that variation is to be determined
• Any terms and conditions relating to any paid leave (including maternity and paternity leave)
• Any other benefits to the employee or worker not covered elsewhere in the statement
• Details of any probationary period (defined as a temporary period specified in the contract of employment or other worker’s contract between a worker and an employer that commences at the beginning of employment and is intended to enable the employer to assess the worker’s suitability for the employment – this would in all likelihood include so-called ‘trial shifts’) including any conditions applicable to the probationary period and its duration
• Details of any training entitlement provided by the employer and whether any part of that training entitlement is compulsory
• Particulars of any other compulsory training which the employer will not pay for
These changes apply to any new appointments on or after 6 April 2020. However, existing employees and workers can also request a section 1 statement from 6 April 2020 and must be provided with this within one month of the request.
In preparation of these upcoming changes employers will need to make sure that section 1 statements to be provided to new employees and workers from 6 April 2020 are updated to comply with the new requirements. It would also be good practice to carry out an audit of their current workforce to ensure they have provided a written statement to all who are currently entitled to one. A failure to provide a section 1 statement to an employee or worker may give rise to an employment tribunal claim against the employer.