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Published on 27-06-2019Email To Friend    Print Version

There are a number of significant changes coming into force for employers with effect from April 2020. 
These include:
  • Break in Continuity of Employment
  • Holiday Pay - Calculation of a Week's Pay
  • Agency Workers
  • Written Statement of Terms and Conditions
  • Aggravated Conduct Penalties
  • Information and Consultation Thresholds
For detailed information please click on the article title.

Changes Coming Into Force on 6 April 2020

On 6 April 2020, the following employment law changes will be made as part of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.

  • Break in Continuity of Employment
    The break between periods of employment which breaks continuity will be increased from one week currently to four weeks.

    This is likely to have the biggest impact on temporary workers as it will easier for them to accrue the two-year qualifying service to engage unfair dismissal rights. Employers will need to track temporary employees more closely and take far more care in ending temporary assignments when an individual has qualifying service.
  • Holiday Pay - Calculation of a Week's Pay
    For calculating a week's pay for holiday pay purposes, the reference period for variable pay will increase from 12 weeks to 52 weeks.

    This should be a change welcomed by employers as holiday pay calculations will be less exposed to short term variations in pay.
  • Agency Workers
    The Agency Workers (Amendment) Regulations 2018 will abolish the exemption which excludes agency workers from the right to equal pay with comparable direct employees if they have an employment contract with their agency which guarantees pay between assignments (commonly known as the Swedish Derogation)

The Employment Rights Regulations 2019

The government has proposed the following changes as part of the Employment Rights (Miscellaneous Amendments) Regulations 2019, which currently has no universal commencement date.

  • Written Statement of Terms and Conditions
    Employers will be required to provide employees with their written statement of terms and conditions on the first day of work (rather than within two months) and this right will also be extended to workers.

    Employers will need to review their recruitment processes and ensure employment contracts are being issued to employees and workers on or before their first day.
  • Aggravated Conduct Penalties
    Employment tribunals can currently issue penalties against an employer for aggravating conduct. These are hardly ever imposed. The government proposes to increase the limit on the penalties from £5,000 to £20,000. This will come into force on 6 April 2019.
  • Information and Consultation Thresholds
    To encourage engagement in the workplace, the percentage required for a valid employee request for an information and consultation agreement governing how their employer will consult about economic and employment-related matters will be lowered from 15% to 2% of the workforce.

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