Regulations coming into force
- AuthorJulie Temple
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 come into force on 6 April 2020. The Regulations implement some changes recommended in the ‘Good Work Plan’ published on 17 December 2018.
So why do you need to know and need to start thinking about it?
The Regulations introduce a number of changes:-
- Employers must give a ‘statement of initial employment particulars’ no later than the beginning of employment, so on or before their first day. So far so good.
- What must be included within the initial employment particulars is amended by the Regulations. The changes include that the contents of the statement must be given in a single document (rather than instalments) and that they must include terms and conditions relating 'normal working hours, the days of the week the worker is required to work, and whether or not such hours or days may be variable' and, if so, how it may vary. These changes will need to be considered in advance of 6 April 2020 to ensure that any written particulars, terms and conditions and contracts are up to date. If you happen to be in the process of reviewing any of these documents now or over the coming months, it makes sense to consider these changes and ensure they are taken into account rather than have to make further amendments for April 2020.
- The reference period for calculating holiday pay will be extended from 12 weeks to 52 weeks. If a worker has carried out work for a shorter period, the reference period will be the number of complete weeks worked. This could have a huge impact on the cost of holiday pay, whether positive or negative, and this will need be gauged and budgeted for by employers in advance. It will also require some planning to ensure that software or spreadsheets are adjusted to reflect the changes and those involved in the calculation of holiday are aware of the changes. This may require liaison with third party providers.
BLHR and the Employment Team will be making sure all reviews we carry out from now on will comply with the new regulations. If you need any help with your documentation, please feel free to contact us. I am based at our Colchester office and can be reached on 01206 217318 or firstname.lastname@example.org.