Change to Employment Law - April
Nicki Bidgood
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Nicki Bidgood
The Cheerful HR Consultant: Simplifying HR with a Smile – Focus on Growth, Leave HR to Us
FROM APRIL 2020 ALL EMPLOYEES HAVE THE RIGHT TO RECEIVE THEIR TERMS & CONDITIONS OF EMPLOYMENT PRIOR TO COMMENCING WORK
In April 2020 a new law will be introduced; the extension of the right to provide a written statement of terms and conditions to all workers. This change means ALL workers must receive a written statement from their employer before they start work.
WHAT WILL HAPPEN IF I DONT ISSUE THEM?
If you fail to provide a copy, the employee may (at present) refer the matter to an Employment Tribunal to decide what terms and conditions they are working under.
ARE THERE PENALTIES ?
The penalty for non-compliance (ie failure to provide a written statement) is either two or four weeks' pay (capped at the normal maximum of ￡525 per week), unless 'there are exceptional circumstances which would make an award or increase unjust or inequitable'. This is not, however, a free-standing right to compensation. It is an increase in compensation if, and only if, a Tribunal finds in favour of the employee under another type of claim, eg unfair dismissal or underpayment of wages.
The contract should be checked to ensure that it is relevant to the employee otherwise there is a risk that an Employment Tribunal will infer terms and conditions, if a dispute should arise.
