Employment Law changes in 2020 – Part 1

Now we’re into 2020, there are upcoming employment law changes that you need to be aware of. Here is the first in a short series of blogs explaining what to expect in 2020.

Written statement of terms particulars

From April 2020, all workers, as well as employees, will be entitled to a written statement of employment particulars.

Moreover, employees and workers employed on or after 6 April 2020 will be entitled to a written statement of employment particulars on or before the first day of their employment. This marks a change from the current position whereby employers must provide a written statement within two months of the employee starting their job.

Further, these written statements will need to include additional information:

• Information on the length of time a job is expected to last
• The notice period
• Eligibility for sick leave and pay
• Other rights to leave e.g. maternity leave
• Probationary periods
• All pay and benefits e.g. vouchers
• Specific days and times of work

There are some exceptions as some of the additional information required may be provided within two months of the commencement date. It is also allowable to provide certain information in a separate document.

Changes to holiday pay

From 6 April 2020, there will be a change to the way that holiday pay is calculated for workers with variable pay.

The reference period for determining an average week’s pay for holiday pay purposes, will increase from 12 weeks to 52 weeks. If a worker has been employed for less than 52 weeks, the holiday pay reference period will be the number of complete weeks for which the worker has been employed. Employers will have to look back over the last 52 weeks that a worker worked and received pay and then calculate the weekly average pay over the course of 52 weeks. In calculating the weekly average pay, employers will need to exclude the weeks where the worker did not work or receive pay.

Where there are weeks in which no remuneration was payable, employers will only need to look at a maximum of 104 weeks. If this gives fewer than 52 weeks to take into account, the reference period will be reduced to the lower number of weeks.

If you would like us to update your contracts of employment or holiday policies please contact us by emailing [email protected] or call 0114 218 4000. Please note this article should only be considered as guidance and should not be taken as specific legal advice.