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Parfitt Cresswell Employment Law Bulletin 7
Parfitt Cresswell • Sep 04, 2020
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Written Statement of Employment Particulars
With everything else that has been happening over the last few months, it would be easy to forget the usual raft of employment law changes that come into force each April, with this year being no exception. In this bulletin, we will focus on some additional requirements that will now apply to all employers hiring new employees and workers after 6 April 2020.
Also referred to as a ‘Section 1’ statement, the requirement for a written statement of employment particulars is set out in section 1 of the Employment Rights Act 1996. This details the key information that employers need to provide to their employees (and now workers) when they start work.
These particulars are usually incorporated into a more comprehensive contract of employment that will include these terms as well as many others that will ultimately govern the working relationship.
Why is it important to know about the changes?
Employers who fail to adhere to the new rules may find that employees and workers are able to bring a claim against them in an employment tribunal, with each employee able to claim between 2 to 4 weeks’ pay, subject to the current statutory cap of £538 per week.
Although this type of claim cannot be brought before an Employment Tribunal as a standalone matter, it can be brought as an ‘add on’ to another type of claim. Although at first glance the relatively modest penalties for breaching these rules may not be a great cause for concern to employers, a claim brought by an entire workforce added to some other smaller claim could prove costly.
For example, if an employer inadvertently amends a term of the employment contract, changing it from contractual to non-contractual (or vice versa), then this could form the basis of a claim for which failing to provide the statement of employment particulars could be added.
Although this hypothetical claim for breach of contract may not be of particularly high value on its own, when the compensation for failing to provide a sufficient written statement of particulars is added on, it could make the total value of the claim significant and encourage employees to take further action.
What changed?
On 6 April 2020, the requirement for employers to provide a written statement of employment particulars changed. The key changes were as follows:
- Written statements will need to be provided to all workers. Previously only employees had this right.
- The right to a written statement has now become a right from day one. This means that any workers engaged on or after 6 April 2020 are entitled to receive a written statement of employment particulars before or on their start date (only limited information can be provided after this point). Previously the employer had some leeway to provide this information in the month following the start date.
- Written statements will need to provide more information than previously (set out below)
- All current workers will also be entitled to request a written statement including the additional information. Employers will need to comply with these requests within one month.
What additional clauses now need to be provided after 6 April 2020?
Over and above the information that was already required before 6 April 2020 (see below), employers must now also include the following additional information in a ‘principal’ statement of employment, which must be provided on day 1:
- the days of the week the worker is required to work, whether the days and working hours may be variable and how any variation will be determined.
- any paid leave to which the worker is entitled.
- details of any other benefits provided by the employer that are not already included in the statement.
- any probationary period, including any conditions and its duration.
- any training entitlement provided by the employer, including whether any part of that training is mandatory and any other mandatory training which the employer will not pay for.
- the employer’s name
- the employee’s or worker’s name, job title or a description of work and start date
- how much and how often an employee or worker will get paid
- hours of work
- holiday entitlement (and if that includes public holidays)
- where an employee or worker will be working and whether they might have to relocate
- if an employee or worker works in different places, where these will be and what the employer’s address is
- how long a job is expected to last (and what the end date is if it’s a fixed-term contract)
- Length of notice required to be given by each to the other
Information that can be provided in a separate document (although referred to in the principal statement’)
- Sick leave and pay
- Pensions and pension schemes (can be provided within 2 months)
- Details of any collective agreements directly affecting terms (can be provided within 2 months)
- Any other training entitlement (can be provided within 2 months)
- Disciplinary and grievance procedures (can be provided within 2 months)
Ensure template contracts for both employees (and now workers) are amended to include the above points. If contract templates have not been reviewed for some time prior to 6 April 2020, it may be advisable to have a wider review of the terms to ensure they are fully compliant with current legislation and fit for purpose.
It is advisable that workers and employees are clearly distinguished, and separate written statements should be prepared for each to avoid any confusion over employment status.
It is important that when amending template agreements to include the above additional information that non contractual benefits (discretionary bonus schemes etc) are not inadvertently converted into contractual benefits.
If you or someone you know is experiencing legal issues or has a question regarding employment law take advantage of our complimentary initial consultation (via telephone or video call) now by contacting us today on 0800 999 4437
or emailing enquiries@parfittcresswell.com
to arrange your complimentary appointment with our friendly, legal experts.
We look forward to helping you with your legal needs.
LinkedIn is a key channel for personal branding, so your LinkedIn profile is the launchpad to building a strong professional network. The channel is also the place to be if you wish to continue relationships of key people you meet at zoom networking events allowing you to easily stay in touch after making the effort to attend the meeting. As well as being the touchstone for nurture and lead generation a well optimised LinkedIn profile is on the same level as making a good first impression when you meet in person. How do you optimise your profile? 1. Make sure you have a current and professional head and shoulders photograph of yourself. You are on the platform to do business so ensure you appear to be there for that reason so a picture with your partner, favourite pet or vehicle doesn’t cut it. It should be a current photograph as it could be embarrassing putting a ten-year-old photo on the platform and when you meet a contact in person you look nothing like your photo so it could end up being a little like a bad first date. Be authentic. 2. Also use Canva.com to create a background image as why miss the opportunity to promote your business. If you have staff on LinkedIn create an image for all of them to use as their background as it’s a little like giving them all a company vehicle with no costs attached. 3. Treat your LinkedIn profile as an online resume and ensure you complete every section – a. The about section – I split this into two sections i. My Background ii. What I Do Now iii. Include an email and phone number at the bottom of this section b. Experience – show at least the last two positions c . Education d. Licences and Certifications e. Skills and Endorsements – You can have 50 of these so put in as many as you can for example if you were a bar person you could include customer service. f. Recommendations – request these from people you know 4. Use keywords in your headline – think of the words you would use if you were looking for your goods or services. 5. Join groups which could be a. Within your industry b. Where your target market is c. Services you have an interest in If you require any help or advise we offer training or talk you through the process via zoom. Blog written by Linda Cloke of We Do Social Media Ltd Contact: Linda@wedosocialmedia.co.uk or call 07769943756
According to the Health & Safety Executive, over 11 million workdays are lost each year due to stress at work! The latest Employment Law Bulletin from our sponsors Parfitt Cresswell Solicitors focuses on the topic of stress in the workplace and the actions that employers can take to defend themselves against claims arising from this. In the Employment Law Bulletin expert Philip Luff covers: • What stress is • The duties of an employer • The potential action that an employee can bring against their employer for work related stress, and offers tips on how employers can best protect themselves against workplace stress claims To read the article and find out more about Stress Related Claims in the workplace click here . If you would like legal advice regarding an Employment Law matter take advantage of Parfitt Cresswell Solicitors’ complimentary initial video/telephone consultation with one of their legal experts. Call 0800 999 4437 or email enquiries@parfittcresswell.com today to arrange your free initial consultation.
This article is brought to you by Parfitt Cresswell Solicitors Extension of the Furlough Scheme (CJRS) On Saturday 31st October the Prime Minister announced a further national lockdown in England to address the increasing rate of Covid-19 infections throughout the UK. This lockdown commenced on 5th November and will remain in place until at least 2nd December 2020. Under the previous tiered ‘local’ lockdown arrangements, the Government had announced two Job Support Schemes which were intended to succeed the Coronavirus Job Retention Scheme (furlough scheme). These schemes were known as the ‘JSS Closed’, aimed at businesses that had been forced to close under the tiered restrictions and the ‘JSS Open’, a scheme for businesses who although affected by Covid-19, were still able to open. These schemes were due to replace the existing furlough scheme when it ended on 31 October 2020, with the Government support significantly reduced when compared with the original CJRS. However, along with the announcement of a national lockdown throughout November, it was also announced that the CJRS would be extended for a further month. A few days after this, the Chancellor announced that this extension of the furlough scheme would now run until the end of March 2021. As such, the JSS is not likely to resurface until at least April 2021 (if at all). How had furlough changed By way of a reminder, the CJRS has been through several changes since its introduction in March 2020, from the Government initially funding 80% of an employee’s salary up to £2,500, with government support reducing in recent months as restrictions eased. In October 2020, the month before the scheme was due to end, the government contributed 60% of unworked hours up to a cap of £2,187.50, with the employer paying the additional 20% along with employer national insurance and pension contributions. How will the extension work? In simple terms, the extension of the Furlough Scheme puts employers back to the same level of government contributions that were available in August 2020, with the Government funding 80% of eligible employees’ salary, but the employer having to contribute both employer national insurance/pension contributions themselves. The current understanding is that the furlough extension will operate largely as it did before, however the following now applies: • The extended scheme will run until 31 March 2021. • The employer or employee are not required to have previously used the CJRS • To be eligible, the employee must have been on the employer’s PAYE payroll by 23.59 on 30 October 2020 and the employer must have made a Real Time Information (RTI) submission for that employee by that date. • The employee can be furloughed either full-time or flexibly (for part of their hours). Employers will need to report and claim for a minimum period of seven consecutive calendar days. • The government will pay 80% of eligible wages for any unworked hours, (up to a cap of £2,500) with the employer paying employer NIC and pension contributions on these unworked hours. Employers will need to pay the employees for any hours worked as per usual. • The employer can choose to top up to 100% if they wish but is not obliged to. • The Job Retention bonus for employers (£1,000 for each employee kept on until the end of January 2021) will no longer be able to be claimed in February as planned, but will possibly be introduced at a later date to help avoid the impact of the furlough scheme ending. • The Government will review the scheme in the New Year, so it is still possible that increased employer contributions could be required prior to the end of March. As with all these announcements, further detail and guidance will follow from the government in due course. If you require further legal assistance regarding the CJRS or and other employment law issue, take advantage of our complimentary initial consultation (available via telephone or video call) today by calling 0800 999 4437 or email enquiries@parfittcresswell.com
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