New legislation amending the Employment Rights Acts 1996

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 have been made, and two sets of draft regulations have been published, implementing aspects of the government’s Good Work Plan.

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 were laid before Parliament on 17 December 2018, implementing aspects of the government’s Good Work Plan, and set to come into force on 6 April 2020.

These regulations amend the Employment Rights Act 1996 to provide that a written statement of terms must be given on or before the first day of employment, rather than within two months of employment starting.  They also add to the information that must be given in the written statement. The regulations amend Regulation 16 of the Working Time Regulations 1998 to increase the reference period for determining an average week’s pay (for the purposes of calculating holiday pay) from 12 weeks to 52 weeks, or the number of complete weeks for which the worker has been employed.

The draft Employment Rights (Miscellaneous Amendments) Regulations 2019 seeks to increase the maximum penalty for an “aggravated” breach of employment law from £5,000 to £20,000. The regulations also extend the right to a written statement of terms to all workers, and lower the threshold required for a request to set up information and consultation arrangements from 10% to 2% of employees, subject to the existing minimum of 15 employees.

The draft Agency Workers (Amendment) Regulations 2019, seeks to amend the Agency Workers Regulations 2010 to remove the “Swedish Derogation” which allows employment businesses to avoid giving agency workers pay equality with comparable direct recruits if they have an employment contract which gives them a right to pay between assignments.

If you require any further information our Employment Team can offer legal advice and support. Please call us on 01603 751926 or email hr@hansells.co.uk.