Changes to the Statement of Employment Particulars

From 6^th April 2020 every new employee and worker will have the right to a statement of employment particulars from day 1 of their contract.

At the moment, all employers have to provide their employees with a written statement of particulars of employment setting out certain details such as the place and hours of work and the rate of pay.The written statement, which is required by section 1 of the Employment Rights Act 1996, has to be given not later than 2 months after the beginning of employment and can be given in instalments.

From 6^th April, the section 1 statement has to be given to workers as well as employees, no later than the beginning of the start of work.It must now be given in a single document, so instalments are no longer permissible.The statement now has to include additional details, including:-

• Any terms and conditions relating to hours of work, including normal working hours, the days of the week the worker is required to work and whether or not the hours or days may be variable, with details of how they may vary
• Any benefits provided by the employer (albeit that there is no guidance as to what constitutes a benefit for these purposes)
• Any probationary period, including any conditions and its duration
• Any entitlement to paid leave, including maternity and paternity leave

There is provision for certain existing employees to request a new type section 1 statement. Further, employers are required to give certain existing employees notification of changes.

Should an employer fail to comply, employees and now workers can make an application to the Employment Tribunal to determine what particulars ought to have been included or referred to in the section 1 statement. No retaliatory action can be taken against an employee or worker for relying on his statutory right.This includes dismissal, even for those with less than 2 years’ service.

The new provisions are not straight forward and the penalties for non-compliance are complex, but an employer that is found not to have given the correct section 1 statement may face a Tribunal award of 4 weeks’ pay.It is therefore important that employers carry out a review of their contracts now and ensure that they are ready to comply with the new requirements from 6^th April.

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