Following the July 2017 Taylor Review and the publication of the Good Work Plan in December 2018, the changes to the scope of Section 1 statements are now looming. So what does this mean for employers in respect of those starting work on or after 6 April 2020 and their existing employees and workers who can request a new section 1 statement after this date?
- First, the obligation to provide an employee with a written statement of particulars will be extended from 6 April 2020 to include workers.
- Second, the provision of written particulars will become a “Day 1 Right” and so employers will, in most cases, need to ensure that they are providing employees/workers with written particulars on or before the date on which work begins, and there will be no minimum service requirement for either a worker or an employee to be entitled to receive such a document.
- As to what changes are being made to the required particulars, employers will now need to also include detail in writing about any paid leave to which they are entitled; which days of the week that they are required to work and, if there can be any variation to this, how that variation will be determined; details of all benefits that will be provided by the employer; details of any probationary period, including the duration and any conditions; and any training entitlement provided, including whether it is optional/mandatory and how the cost of this training is to be covered.
- The new Section 1 requirements only apply for contracts which start on or after 6 April 2020. However, existing employees and workers will be entitled to request a newly compliant Section 1 statement, and employers will need to provide this within one month of such a request or, if there are any changes made to any of the new information required to be given or the employee or the worker is re-engaged, then an updated Section 1 statement would also need to be provided.
In view of the above, it is likely that many employers will need to update their template contracts now to be ready for 6 April 2020 in order to ensure compliance with these new statutory requirements.