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Employment Law – 6 (now 5) changes for the 6th April

Reasons to choose Wilson Browne

There are a number of changes to Employment law due in April 2020 which will require employers to implement/amend policies in line with the new legislation.

This week the Employment Team at Wilson Browne Solicitors will be counting down to the 6th April with an article each day to offer guidance to employers on what is required to ensure you do not fall foul of the new requirements when it comes to workers.

We will look at:

  1. The changes to the IR35 rules [NOW POSTPONED UNTIL 2021].
  2. S1 written statement of terms.
  3. Reference period for calculating holiday pay.
  4. Repeal of the Swedish derogation.
  5. Key information documents for agency workers.
  6. Changes to the information and consultation threshold.

Day 1 - Monday 2nd March - IR35 Rules [POSTPONED UNTIL 2021]

So, we kick off with the changes to the IR35 rules, the team at Wilson Browne have produced a fact sheet  that will assist organisations on how to prepare for those changes. Click here to view the factsheet.

Day 2 - Tuesday 3rd March - The Good Work Plan Factsheet

As of the 6 April 2020, employers will be obliged to issue employees with a written statement of terms from day 1 of their employment. Previously, written statements (generally known as “contracts of employment”) had to be issued within the first two months. Another significant change is the information that an employer must include in the written statements to be legally compliant. Failure to include this information will be a breach of the legislation and can result in fines being imposed for each failure.

The team at Wilson Browne have produced a fact sheet about the Good Work Plan detailing the changes that will come into effect on 6th April 2020, the fact sheet provides guidance on how organisations can be ready for those changes and avoid potentially costly fines. View the Good Work Plan Factsheet here

Day 3 - Wednesday 4th March - Holiday Pay

The reference period for calculating holiday entitlement is changing.

In order to avoid Employment Tribunal claims for unlawful deduction of pay employers should ensure pay roll systems are ready for the changes to the calculation of the holiday pay reference period as from 6th April 2020. Our fact sheet sets out tips on how to get ready for this change.

Day 4 - Thursday 5th March - Repeal of the Swedish Derogation

And so, the countdown continues…

The Swedish Derogation will be abolished from 6th April 2020. This means all agency workers who have such a provision in their contracts will need to be informed that this provision no longer applies. In addition, agency workers will need informing they are entitled to week 12 rights in relation to pay.

Our Good Work Plan factsheet has some helpful pointers to help organisations think about what they need to be doing now. Familiarise yourself with the facts view the factsheet.

Day 5 - Friday 6th March - Key information documents for agency workers

Another fast approaching deadline is the requirement that all agency work seekers who register with an agency after 6th April 2020 have been issued with a Key Information Document. This is also covered in our factsheet which sets out what information needs to be included in a Key Information Document and what to do to prepare for the change. Read all about it here

Day 6 - Monday 9th March - Information and Consultation

From 6th April 2020 will your organisation meet the new and significantly reduced 2% threshold for information and consultation purposes?

If so, your organisation is obliged to implement appropriate information and consultation arrangements. This change is designed to improve employee engagement within the workplace. Our fact sheet  provides some helpful points to consider when an employee makes a request for such arrangements. View the factsheet here

Jennie Jahina

Posted:

Jennie Jahina

Partner

Jennie is a Partner and Head of the Employment team.  A member of the Employment Lawyers Association, Jennie has 21 years’ experience and is an accredited CEDR Mediator. She acts for private sector organisations ranging from SMEs to multi-national companies and public sector organisations.