Good Work Plan – Some dates to be aware of

Following the Government’s employment reforms which were published on Monday dates have now been announced for some of the proposals to take effect (please see my earlier article about the reforms by clicking here).

There’s no need to rush into action just yet, at present the key date to be aware of is 6 April 2020 (although the Employment Tribunal financial penalties will come into effect in 2019). On this date the following legislation will come into effect:

• The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018:
  • provides that the written statement of employment particulars must be given from day one of employment; and
  • changes the rules for calculating a week’s pay for holiday pay purposes, increasing the reference period for variable pay from 12 weeks to 52 weeks.
• The Agency Workers (Amendment) Regulations 2018:
  • abolishes the Swedish Derogation for agency workers
• The Employment Rights (Miscellaneous Amendments) Regulations 2019:
  • extends the right to a written statement to workers (previously employees), increases penalties for aggravated breaches of employment law; and
  • and lowers the percentage required for a valid employee request for the employer to negotiate an agreement on informing and consulting its employees.

However, you should be mindful that as of 6 April 2019 part 1 and 2 of The Employment Rights (Miscellaneous Amendments) Regulations 2019 will be implemented. The effect of this is that the financial penalties open to the Employment Tribunal will increase from £5,000 to £20,000 if employers are found to have demonstrated “malice, spite or gross oversight”.