New statutory requirements on statements of particulars for employers

  • Posted

April brings new statutory changes in respect of employment contracts including extending the requirement to provide written statement of particulars for employees to also include workers.

Another change which has been implemented is the requirement for the employer to provide employees and workers commencing employment on or after 6 April 2020 with a written statement of particulars either before their employment commences or from the first day of employment. This applies even where the work will last for less than one month.

With everyone naturally focused on managing the coronavirus crisis, it’s important that employers comply with the new legislative changes.

From 6 April 2020, the statement must include specific information. The information to be provided has been extended to also include the following:

  • details of the hours and days of the week they are required to work
  • if hours and/or days may be varied, details of how and when
  • details of any probationary period including its length and conditions
  • details of entitlement to paid leave, including maternity and paternity leave
  • any training which is required to be completed, and whether it will be paid for by the employer
  • any additional remuneration or benefits provided by the employer

It’s important for employers to make sure they are providing statements to all workers, as well as employees. There is often confusion over the distinction between an employee, a worker and a contractor, as highlighted by many high-profile court cases relating to those operating in the gig economy, such as Uber drivers.

Although someone may not be an employee, they may still be categorised as a ‘worker’ and entitled to certain employment rights such as the minimum wage and paid holiday, and now a section 1 statement of particulars. Employees are also ‘workers’, but they have extra employment rights and responsibilities.

Should you have any questions in respect of these changes, or require any advice in determining the employment status of an individual, then please do not hesitate to contact one of our solicitors within our employment law team.