The Good Work Plan
An independent review carried out by Matthew Taylor in 2017 highlighted some improvements that employers are required to make in order to provide fairer treatment for their employees.
Some elements are still pending further clarity, but there are five areas where action can be taken now:
Statement of Main Terms and Conditions of Employment
Currently only ‘employees’ are entitled to receive a written statement but as from 6th April 2020 ‘workers’ also have the legal right to receive a statement of main terms. This includes zero hours workers and casual workers. There is no intention to alter the employment status from ‘worker’ to ‘employee’ however a statement provided to workers will need to set out specific features of the ‘workers’ arrangements.
Employees/Workers have the right to receive their statement on main terms on the first day of employment. Currently the law stipulates that this must be received within 2 months of employment, this is now no longer the case.
Other information that must be included in the statement of main terms is:
• Details on probationary period, how long it will last, and any conditions attached to it
• The days and times of the week the worker is required to work and any variations in these hours e.g. zero hours contracts must have earliest possible start and finish times and maximum working hours in any working day
• Information on any paid leave entitlements such as maternity, paternity, adoption, shared parental leave
• Benefits/remuneration provided by the employer
• Any training entitlement and requirements and any parts that the employee is required to bear the cost of.
If there are no details to give under any of these topics, e.g. no training requirements, this should be stated.
Many employers will already include these topics in the employee handbook, however, to comply with the law these must now be included in the statement of main terms.
Calculating holiday pay
When calculating holiday pay for zero hours or variable hours workers, the reference period is currently 12 weeks. Using the 12-week reference period means that amounts of holiday pay can fluctuate greatly for different periods of the year. To provide a balance, as from 6th April 2020, the reference period for calculating holiday pay extended to 52 weeks.
The break in continuous service will increase
Currently, a gap of just one week can break an individual’s continuity of service. This can restrict their access to key rights of employment and can occur despite the employee working regularly on and off for the same employer. Therefore, as of 6th April 2020, the gap increased to four weeks, making it easier for those employees who work sporadically to qualify for more employment rights.
There are also changes to Information and Consultation Procedures and Agency Workers.
If you are struggling to prepare for any of the above within your organisation, or you need some support in putting these changes into place, please get in touch with us and we can support you and your Company. Happy to help.
Simply give us a call on 01536 215240 or email firstname.lastname@example.org