(References to the ERA 1996 means the Employment Rights Act 1996.)
A written statement of employment (WSE) must be given to an employee or a worker before the start of their employment – if it started on or after 6 April 2020 – regardless of the length of their employment. And the following additional terms and conditions of employment must be included in the WSE.
A written statement of employment (WSE) must be given to an employee or a worker before the start of their employment – if it started on or after 6 April 2020 – regardless of the length of their employment. And the following additional terms and conditions of employment must be included in the WSE.
• The days on which the employee or worker is required to work.
• Whether or not the working hours or days may be variable; and if they may be variable - how do they vary; or how that variation is to be determined.
• Paid leave (e.g. maternity or paternity leave).
• Benefits (e.g. vouchers or discounted meals).
• Any probationary period, including any conditions and its duration.
• Any training entitlement provided by the employer. Terms and conditions about the training may be provided in some other document which is reasonably accessible to the worker (amended section 2(2) of the ERA 1996). And those terms and conditions may be given in instalments - but not later than two months after the start of the employee's or worker’s employment – even where the employment ends before that date (amended section 2(4) of the ERA 1996). See Stefanko v Maritime Hotel Ltd (EAT/0024/18).
• Any part of that training entitlement which the employer requires the worker to complete.
• Any other training which the employer requires the worker to complete where the employer will not pay the cost of the training (section 1(4)(n) of the ERA 1996).
Where applicable, the WSE must indicate that a term or condition does not exist, e.g. “The employer will pay the cost of any training that you are required to complete” in response to section 1(4)(n) of the ERA 1996 (see the final bullet point above). A proactive employer may wish to include the above additional terms and conditions of employment in its WSE before 6 April 2020.
Average Statutory Holiday Pay
From 6 April 2020, the reference period for calculating average statutory holiday pay will be increased from 12 weeks to 52 weeks (see page 33 of the Good Work Plan).
Source: The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations (SI 2018/1378).