Employment Law Changes from April 2020

Amanda Jefferies, Head of Employment Law, summarises the Employment Law changes which are likely to affect all businesses from April 2020

Including:

Changes to Employment Contracts
Holiday Pay Calculations
Parental Bereavement
Agency Workers
Increased NMW Rates
Shared Parental Leave Pay

Changes to written statements of employment particulars

From 6 April 2020:

1. All workers employed on or after that date will be entitled to a written statement of employment particulars.
2. Employees and workers must be provided with their written statement on or before their first day of employment.
3. Additional information will need to be included within written statements, including:

1. the hours and days of the week the worker /employee is required to work,
2. whether they may be varied and how,
3. entitlements to any paid leave,
4. any other benefits not covered elsewhere in the written statement,
5. details of any probationary period and
6. details of training provided by the employer.

Changes to holiday pay calculations

From 6th April 2020, the reference period to calculate a 'week's pay' for holiday pay purposes will be extended from the previous 12 weeks of work to the previous 52 weeks.

Parental Bereavement Leave and Pay

New rules are expected to come into force in April which will give all employed parents the right to 2 weeks' leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Parents will also be able to claim pay for this period, subject to meeting eligibility criteria.

Agency workers

From April 6th 2020:

1. All agency workers, after 12 weeks, will be entitled to the same rate of pay as their permanent counterparts and will no longer be able to agree a contract which would remove their right to equal pay with permanent counterparts after 12 weeks working at the same assignment.
2. All agency workers will be entitled to a key information document that more clearly sets out their employment relationships and terms and conditions with their agency.
3. Agency workers who are considered to be employees will be protected from unfair dismissal or suffering a detriment if the reasons are related to asserting rights associated with The Agency Worker Regulations.

Annual Increase to the National Minimum Wage and National Living Wage

Hourly Payments	Current Rate	From April 2020
National Living Wage	£8.21	£8.72
Workers aged 21-24	£7.70	£8.20
Workers aged 18-20	£6.15	£6.45
Workers aged 16-17	£4.35	£4.55
Apprentice rate	£3.90	£4.15

 

Rate of Pay for Men taking Shared Parental Leave

The Court of Appeal decided last year that it is not discriminatory to pay men on shared parental leave less than an enhanced rate of maternity pay paid to women on maternity leave. The Supreme Court has refused permission to appeal, so this is now the final word on the subject.

If you would like help updating your documentation or any more information about these changes or assistance with any employment law matter, please give Amanda a call or use the button below to contact her.