Employment Law Updates – 2020

Implementation date of April 6th 2020

Every April sees the implementation of new Employment Laws and changes to the minimum wage and this year, we can expect to see a fair few changes in terms of labour laws. 

  1. Changes to the calculation of holiday pay;

This applies to those workers who do not have set hours or pay, and would therefore generate a variable average, and is applicable to the reference period that is used to calculate their holiday pay. 

Currently, the previous 12-weeks average is used; as of 6th April 2020, this will change to the previous 52-weeks average

The exception to this is where an employee does not have 52 weeks service to average over, and the number of weeks employed is used instead. This has been done to prevent seasonal peaks and troughs from lowering or inflating holiday pay. 

2. Right to a written statement of particulars from day 1 – Contract of employment 

The current provisions under Section 1 of the Employment Rights Act 1996, are that a written statement of particulars should be provided to the employee not less than two months from the beginning of employment.

From the 6th April 2020, this will change. The key changes are;

  • A written statement of particulars of employment is to be provided to employees and workers.
  • A written statement of particulars of employment is to be provided on day one of employment (the two month grace period will be abolished from 6th April 2020) 
  • The work pattern is now a requirement within this statement of particulars, along with if the hours are variable and the basis to which these will be determined 
  • The details of any paid leave must be included within this statement of particulars such as parental leave and sick pay and conditions of this. 
  • Any mandatory training provided by the employer, and training which isn’t provided by the employer and must be employee funded 
  • Details of any probationary period, to include the duration and the conditions of passing 
  • All benefits which are provided by the employer 

Remember there is a penalty for non compliance set at between 2-4 weeks’ pay (a weeks pay is capped however £525 at the time of writing) 

Existing employees who do not have a written statement of particulars and where their employment began between 30th November 1993 and 6th April 2020, will have the right to request a written statement of particulars of employment under Section 1 of the Employment Rights Act. Formers employees can also make the same request within three months of their termination date; in both cases this statement must be provided within one month.  

3. National Minimum Wage 

Year25 & Over21-2418-20Under 18sApprentice
2019£8.21£7.70£6.15£4.35£3.90
2020£8.72£8.20£6.45£4.55£4.15