Written by: Sharmon Blackwell
Along with the usual statutory pay increases this April, we expect to see some other employment law changes that may require action from you as an employer. Below is a list of expected changes.
Right to a written statement of employment
There is a new right to a written statement of employment (particulars of employment or contract of employment) instead of allowing 2 months after hire to produce this, it is now a day one right and existing employees can, on or after 6th April 2020, request an updated statement of particulars from their employer. If this is requested, it must be delivered to them within one month of the request being made.
Amendment to agency workers rule
Once an agency worker has satisfied the 12 week qualifying period, agency staff will be entitled to equal pay to workers who are engaged directly by the employer.
Holiday reference period adjustment
The holiday reference period will increase from 12 weeks to 52 weeks. Employers will be required to look back over the previous 52 weeks where a worker has worked and received pay, discarding any weeks not worked or where no pay was received to calculate average weekly pay.
Changes to the IR35 rules
Changes to IR35 rules will be implemented for medium and large businesses in the private sector and will be similar to the changes that took effect in the public sector in 2017.
The changes will mean that, for all contracts entered into, or payments made on or after 6th April 2020, status determination will shift from the personal service company to the end user client. Responsibility for accounting for tax and national insurance will shift to the party who pays for the individual’s services. Medium and large businesses should carry out an assessment to determine whether the new IR35 rules apply to their independent contractors and review their contracts and pay arrangements. Small businesses will not be affected by the changes.
New parental bereavement law
This is a new law that is again expected to come into force on 6th April 2020. If it does, bereaved parents will have the right to two weeks of leave following the loss of a child under the age of 18, or a still birth after 24 weeks of pregnancy. This can be taken in one block of two weeks or 2 separate blocks of one week, to be taken before the end of a period of at least 56 days beginning with the date of the child’s death. Bereaved parents employed with a minimum of 26 weeks’ continuous service will also be entitled to receive statutory parental bereavement pay. Those with less than 26 weeks’ continuous service will be entitled to take two weeks of unpaid leave.
Get in touch
Call our office today on 01981590514 and we will ensure that you are compliant with these changes by delivering advice and support for new processes, policies and procedures, and help you to provide your staff with correct and relevant paperwork.