AFTER 27 years, the law on what goes in, and the timing of providing the statement of terms and conditions that employers are obliged by law to provide to their staff is changing.

Employees (and now workers) who start work on or after April 6, 2020, are entitled to receive a statement of terms and conditions of employment before they start work. Therefore those being offered jobs now, to commence on April 6, 2020 or later, will need a new style statement. If an employer uses contracts instead of statements of terms, then the new provisions need to be included in the contract.

The changes require more information to be included in the statement, rather than in separate documents. By having all the information in one place, it makes it easier for the individual (and any enforcement body) to ascertain their terms of engagement. Employers must now provide detail about the length of the contract, days of the week to be worked, whether hours are variable and how this is determined, any training provided by the employer, whether it is mandatory and whether it must be paid for by the employee.

Any other paid leave must be included, including many of the family-friendly benefits. Details of other benefits and probationary periods along with the conditions that apply to successful completion, are also required. Failure to provide this (or providing an inaccurate or incomplete statement) can result in a claim for two to four weeks’ pay.

Existing and ex-employees can also request a new style statement (although only the first request needs to be complied with) and are entitled to a new statement if their terms change. HR need to ensure statements are updated and provided to workers along with training managers to understand that last-hires will expose the business to potential claims if statements are not sent out prior to employees starting.

Lupton Fawcett can review and draft documents to ensure they meet legal requirements and provide practical and commercial support for the business where necessary.

For further help, contact Alex Evans on 01904 561444 or alex.evans@luptonfawcett.law.