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Changes to Terms & Conditions / Contracts of Employment - April 2020

Posted On: 29/04/2020

From April 2020 it has become law that an employer must provide a statement of terms and conditions of employment to an employee or worker by day of employment and the list of information that must be included has been expanded. 

The right applies from day-one for employees and workers (includes casual and zero hours workers), who will have the right to receive most of the information about their terms in a single document no later than the day when they start work. 

Employers will still have up to two months to provide some information in instalments and/or in another document. 

Information employers have to provide in the single "principal" document by the start of employment 

Information employers are able to provide in instalments 

Employers must provide this information within two months of the employee or worker starting work, even if their employment ends before then. 

Pre-existing employees 

Pre-existing employees who joined before 6 April 2020 will be able to request a statement and the employer must provide one that complies with the new requirements, within one month. This entitlement will apply only if the employee is still working for the employer or is within three months of their leaving date. Employees can make only one such request.  

If on or after 6 April 2020 there is a change to terms of a pre-existing employee that would have had to have been included in the new-style written statement (i.e. had the employee started work for the employer on or after 6 April 2020), and the employee has not previously requested a new-style statement, the employer must provide the employee with a written statement of the change. 

Agency workers 

Specific requirements relating to information provision will apply to agency workers, also from 6 April 2020. Organisations that provide temporary workers to employers will have to provide a "key information document" to agency workers, before getting their agreement to the terms that will apply between the parties. "Key information" will include details about the type of contract under which the worker will be employed and information about pay and holiday entitlement. 

Further, the exception from equal pay rights for agency workers (the "Swedish derogation") is being abolished from 6 April 2020. As a consequence, and by the end of April 2020, temporary work agencies must provide a written statement to agency workers who are employed by them on 6 April 2020 and who are subject to the Swedish derogation, notifying them that, from 6 April 2020, they are entitled to the same treatment in relation to pay as they would have been had they been recruited by the hirer. 

Call us today on 0161 941 2426 and we will conduct a FREE REVIEW of your current contracts / offer letters to ensure you are compliant and protect your business. 

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