(Amendment to the Employment Rights Act 1996)
What is the law now?
At present, UK employment law states that an employer must give employees a written statement of employment particulars within the first two months of their employment (providing their employment lasts more than a month). This document, often contained within a contract of employment, outlines the basic terms and conditions of employment.
These can be delivered in instalments, as long as all particulars are delivered within two months of the start of employment.
At minimum, a principal statement of particulars must include:
A further written statement must also contain information, where applicable, about:
What will change on 6th April 2020?
Amendments to UK employment law that come into force in April state that employees have “the right to a written statement of particulars of employment when an individual begins employment (a day one right)” (Legislation.gov.uk, 2018).
Employers will also have to include further information on the statement of particulars when an employee joins a business
Furthermore, existing employees can, on or after 6th April 2020, request an updated statement of particulars from their employer. This must be delivered to the employee no later than one month after the request has been made.
This amendment to the Employment Rights Act states that a statement of particulars can no longer be delivered in instalments, but must be provided to all employees from day one of starting work and as one single document.
In short, you need to be better prepared when welcoming new employees to your business. Review your existing contracts and make the necessary changes to accommodate these changes. Make sure your business’ contract of employment covers off all of the required information for a statement of particulars and update it as necessary for any new employees.
This should ensure clearer lines of communication between HR in preparing a contract and/or statement of particulars and the manager conducting interviews and negotiations with candidates. The job being offered should be documented in its entirety and all of the necessary information required for a statement of particulars should be clear and agreed between HR, the hiring manager/head of department and the new starter ahead of their first day.
While the changes to the Employment Rights Act 1996 don’t state that you have to provide all existing employees with an updated statement of particulars – be prepared for an existing employee to request one on or after 6th April 2020 (and at any time up to three months after the end of their employment).