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Under section 1 of the Employment Rights Act 1996, employees are entitled to be given a written statement of their particulars of employment no later than two months from the start date of their employment. Section 1 statements are generally provided to employees in the form of a contract of employment.
From 06 April 2020, under The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, employers will have to provide employees with an employment contract on or before their first day of employment.
The amendment was introduced in response to the Taylor Review in 2017 to improve the rights and quality of life for individuals, particularly those who are employed under casual or zero-hours contracts.
The prescribed information that must be set out within the employment contract will also change.
From 06 April 2020, you will need to include the following information in the contract of employment from ‘day one’:
You will no longer need to include the following information in the contract of employment from ‘day one’:
It is, however, important to note that you must still include the items above in a reasonably accessible document, which must be referred to in the contract of employment itself and must be given to an employee no later than two months after the start of employment.
You are not required to update contracts of employment for those who started before April 2020. Although, anyone who requests a section 1 statement, and did not receive the above information in their original contract before 06 April 2020, can ask for the information to be provided within a month during employment, and within three months after their employment ends.
We recommend that you:
For information and advice on the new regulations or support with contracts of employment, please contact us on 01332 226 129 or complete the form below.
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