On 6th April 2020, changes to Section 1 of the Employment Rights Act 1996 will come into force, requiring employers to provide employees AND workers with specific information in relation to their employment/engagement. Most of the information MUST be supplied to the employee/worker no later than ‘Day 1’ of the employment/engagement.
If you work for a company or companies under a contract, you need to understand these changes to the Employment Rights Act 1996 and what they mean for your employment rights.
The Employment Rights Act 1996 simply covers the rights of employees and workers, including situations such as dismissal, unfair dismissal, parental leave and redundancy.
Under Section 1, an employee is entitled to be given a written statement of their particulars of employment no later than two months after the commencement of their employment.
In this case, an “employee” is any person who has signed or adhered to a “contract of employment”, while a “worker” is someone who could be working for a company temporarily or on a self-employed basis, for example.
Currently, under the Employment Rights Act 1996, employers only need to provide a written statement of particulars to employees working for them for more than one month; workers do not normally qualify. Currently, employers have up to 2 months from the start of the employee’s contract to provide this.
When the new changes take place, both employees and workers will be entitled to a written statement of particulars of employment when they begin their time with the company. Employers will also need to provide additional information in the written statement of particulars, including any terms and conditions relating to paid leave, details about a probationary period, training entitlement and more.
The maximum penalty for aggravated breach of the Employment Rights Act is increasing from £5,000 to £20,000.
Prudent employers are, therefore, recommended to provide ALL ‘new joiners’ with up-to-date copies of both:
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Our team of skilled employment law professionals at Astle Paterson goes beyond mere compliance, actively working to anticipate and address potential challenges in the ever-evolving landscape of employment law. We understand that each workplace is unique, and our tailored approach reflects this reality.
Whether you are an employer seeking to establish robust policies or an employee navigating workplace disputes, Astle Paterson is dedicated to providing pragmatic solutions that align with your goals. We pride ourselves on fostering long-term relationships with our clients, ensuring that our advice is not only legally sound but also strategically advantageous for the sustainable success of your business or career.
Astle Paterson’s dedication to knowledge and adaptability positions us as a reliable partner in helping you navigate the intricate terrain of employment law, fostering a secure and compliant environment for both employers and employees alike.
If you need advice on employment law including employment rights act 1996, feel free to contact our team of specialist solicitors for honest, clear advice on employment rights act 1996..
