Written statement of employment particulars
From 6th April 2020 it will be compulsory for employers to provide a written contract on day 1 or before for all new employees and workers.
What do employers need to prepare for the written statements (sometimes called section 1 statements)?
• Written statements will need to be provided to all workers. At present only employees are entitled to this.
• The written statement will become a day one right. In simple terms any worker employed on or before 6th April 2020 will be entitled to a written statement on or before their start date. Currently this right only comes into force after an employee has a month’s service.
• More information will need to be included in the written statements. It will be not be necessary to apply these changes to current staff employed before April however from 6th April all current staff will be entitled to request a written statement including the additional information. As an employer you will have 1 month in which to provide this.
What happens if employers don’t comply?
Employees and workers will not be able to bring a standalone claim against their employer for failure to provide them with a written statement. However were the employee or worker to bring a separate claim, be successful in the employment tribunal and are able to show they were not provided with a complaint written statement they may be awarded an additional 2-4 weeks’ pay (currently capped at £525/week due to increase slightly on 6th April 2020).
Whilst the penalty for breaching this requirement is quite small the total cost may be significant if a large workforce all brings claims as part of some other litigation.