As you are all most probably aware, 6 April 2020 introduces many changes to contracts of employment and Section 1 Statements which concerns the information that employers must provide to its employees and workers. These changes come as a result of the Taylor Review and the Good Work Plan published in 2018.
Pre April 2020
Section 1 of the Employment Rights Act 1986 (ERA) states that all employees are entitled to be provided with a ‘Section 1 Statement’ (a written statement of particulars) within the first two months of their employment. This statement must include information such as:-
- the date which the employment starts;
- the employee’s job title or a brief description of the work; and
- how much the employee will be paid.
The changes include the following:
1. Extension to workers
The right to receive a Section 1 Statement will be extended to workers which includes agency workers, casual workers and zero-hours workers. Additionally, workers who are recruited on or after 6 April 2020 and do not receive a Section 1 Statement will have the same remedies as employees in the Employment Tribunal.
2. Timing of the Section 1 Statement
From 6 April 2020, the Section 1 Statement will become a “day one” right for workers and employees. This means that a written statement of particulars must be provided on or before the date on which employment starts.
However, there are still some exceptions to this rule as employers will still be allowed to provide certain information within two months of the start of employment and can be provided in instalments if preferred. These exceptions include information in relation to pensions, collective agreements and specific details about disciplinary and grievance procedures.
3. Additional information required to be included
In addition to the above, the following information will also need to be provided in a Section 1 Statement:
- Details of their working schedule which includes the days of the week the worker is required to work and whether the working hours may be variable and how it will be determined.
- Details of any paid lead which includes maternity or paternity leave.
- Details of all remuneration and benefits.
- Details of their probationary period including the conditions and the duration.
- Details of any training entitlement provided by the employer.
Remedies for Non-Compliance
The remedies which are available to employees will continue to apply, however they will also be extended to workers.
An employee or worker’s entitlement to claim compensation for an employer’s breach of Section 1 of the ERA will depend on whether they are bringing the claim as part of a separate tribunal claim. If this is the employee’s only claim, then the only remedy available is a declaration from the Employment Tribunal either confirming the particulars as they stand, amending them or substituting other particulars which they see appropriate.
However if an employee has a successful substantive claim, for example a claim for unfair dismissal, then they may be entitled to receive compensation of between two and four weeks’ pay (subject to the statutory cap on a week’s pay).
We hope that this article has acted as a reminder for you when wrapping up your preparations for the changes which April 2020 brings. However if you would like some assistance with this, then please do not hesitate to get in contact with us.