Changes to written statements of employment particulars

Implementation date: 6th April 2020


There are three important changes to written statements:

  1. All workers employed on or after 6th April 2020 will be entitled to a written statement of employment particulars.
  2. Employees and workers must be provided with their written statement on or before their first day of employment.
  3. There is additional information that written statements will need to contain, including:
  • the hours and days of the week the worker /employee is required to work, whether they may be varied and how
  • entitlements to any paid leave
  • any other benefits not covered elsewhere in the written statement
  • details of any probationary period

Changes to Statutory Pay Rates 

From 1st April 2020

 

Current rate

New rate

Workers aged 25 and over (the national living wage)

£8.21

£8.72

Workers aged 21 to 24 inclusive

£7.70

£8.20

Workers aged 18 to 20 inclusive

£6.15

£6.45

Workers aged under 18 who are no longer of compulsory school age

£4.35

£4.55

Apprentices aged under 19, or aged 19 and over but in the first year of his or her apprenticeship

£3.90

£4.15

Accommodation offset (per day)

£7.55

£8.20

From 5th April 2020

 

Current rate

New rate

Statutory Maternity Pay

£148.68

£151.20

Statutory Paternity Pay £148.68£151.20
Statutory Shared Parental Leave £148.68£151.20
Statutory Adoption Pay £148.68£151.20
Statutory Sick Pay £94.25£95.85
   

Changes to holiday pay calculations

Implementation date: 6th April 2020

There will be an increase to the reference period used to determine a  ‘weeks’ pay’ when calculating holiday pay for workers with irregular hours. The reference period which is currently 12 weeks will increase to 52 weeks. This is particularly beneficial to those that are employed in seasonal or atypical roles as the payment for a week’s holiday will be reflective of the average hours worked throughout the year. The “Good Work Plan” provides the following example:

Chitrita works in a large retail store, working on average 35 hours each week. May, June and July are quieter months for the store and so Chitrita typically works 25 hours per week. Under the current 12 week reference period for holiday pay if Chitrita takes holiday in August, immediately after this quieter time, her holiday pay will reflect her 25 hour working week. This means she will receive less holiday pay compared to busier times of the year. However, once the reference period is extended to 52 weeks, Chitrita’s holiday pay would reflect her average hours for the entire year, which are usually higher than during these quieter months. This is a fairer approach for Chitrita and her employer as her holiday pay will better reflect her working hours across the year.


Parental bereavement leave rights take effect

Implementation date: April 2020

The Parental Bereavement (Leave and Pay) Act 2018 provides for at least two weeks’ leave for employees following the loss of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. Employees with 26 weeks’ continuous service will be entitled to paid leave at the statutory rate and other employees will be entitled to unpaid leave.


Changes to agency workers’ rights

Implementation date: 6th April 2020

There are three important changes to agency workers’ rights:

  1. Abolition of the Swedish Derogation. The Swedish Derogation currently gives employers the ability to pay agency workers less than their own workers in certain circumstances. Under the derogation agency workers can exchange their right to be paid the same as directly recruited employees for a contract guaranteeing pay between assignments. From 6th April 2020, these contracts will no longer be permissible and after 12 weeks all agency workers will be entitled to the same rate of pay as their permanent counterparts.
  2. All agency workers will be entitled to a key information document that more clearly sets out their employment relationships and terms and conditions with their agency.
  3. Agency workers who are considered to be employees will be protected from unfair dismissal or suffering a detriment if the reasons are related to asserting rights associated with The Agency Worker Regulations.

Changes to ICE (Information and Consultation of Employees) Regulations

Implementation date: 6th April 2020

There will be a reduction in the percentage of employees required to make a valid request for an agreement on the sharing of information and consultation within the workplace. Currently at least 10% of the workforce must put in a request before an employer is obliged to take steps to comply with this right. From 6th April 2020 this will reduce to 2%, however the requirement for at least 15 employees to make the request will remain.


Change to tax treatment of termination payments above £30,000

Implementation date: April 2020

There will be a reduction in the percentage of employees required to make a valid request for an agreement on the sharing of information and consultation within the workplace. Currently at least 10% of the workforce must put in a request before an employer is obliged to take steps to comply with this right. From 6th April 2020 this will reduce to 2%, however the requirement for at least 15 employees to make the request will remain.


We know that employment law changes can be confusing and difficult to keep up with, but we’re here to answer your questions and help you stay on track.

01284 336060

Louise Tupman – louisetupman@totally-hr.co.uk 
Penny Tansley – pennytansley@totally-hr.co.uk