Employers are currently obliged to provide employees whose employment is to continue for more than one month with a written statement setting out certain terms and conditions of their employment. This needs to be provided within two months of the employment starting.
From 6 April 2020 both workers and employees (rather than employees only) will be entitled to receive a statement setting out the majority of certain employment particulars as a “day 1” right, on or before the date their employment commences. Also, information in addition to the current minimum statutory information regarding their terms and conditions, needs to be included in the written statement.
The additional information that needs to be provided from 6 April 2020 is as follows:
- the days of the week the worker is required to work, whether the working hours may be variable and how any variation to working hours will be determined;
- any paid leave to which the worker is entitled (this includes parental paid leave, such as maternity leave);
- details of all remuneration and benefits (such as bonuses, or car allowances and contributions in kind, such as vouchers, or lunch);
- any probationary period; and
- any training entitlement provided by the employer, including whether any training is mandatory and/or must be paid for by the worker.
From 6 April 2020, all the required particulars must be provided by the start date save for the following which may be given in instalments up to two months after the beginning of employment:
- Terms as to pensions and pension schemes.
- Details of any collective agreements directly affecting the employment.
- Details of any training provided by the employer.
- A note giving certain information about disciplinary and grievance procedures (although certain information regarding these procedures must be given in the principal statement of employment particulars in any case);
These new requirements only apply to new employees and workers whose employment commences on or after 6 April 2020. However, existing employees whose employment commenced prior to 6 April 2020 may request an updated statement of employment particulars containing the above additional particulars, in which case the employer has one month from the date of the request to provide the updated statement.
Where an employee's written particulars are incorrect or have not been supplied, the employee (and from 6 April 2020, worker also) can apply to an employment tribunal, which will determine what the particulars should be and order that the employer supply them to the employee.
Employees cannot bring a freestanding claim for compensation for failure to provide the correct written particulars, but claimants (which also includes workers, as well as employees from 6 April 2020) can ask for an increase of 2 or 4 weeks' pay in any tribunal claim brought where a written statement has not been provided, or the statement fails to contain all the up-to-date information required i.e. this can only be brought as an additional claim. A “week’s pay” in this circumstance is capped at the current amount of £525 per week, so that the maximum compensation for a breach of this kind is currently £2,100.
As always, if you have a legal query please get in touch with the FSB Legal Helpline on 0345 0727727 and we'll be happy to assist you.