New Laws For Staff Contracts

As a part of the Government’s Good Work Plan (which was published in December 2018) all employees are legally entitled to a copy of  a statement of their Terms and Conditions from day one of employment as of the 6th April 2020.

So…. what is a statement of main terms and conditions?

It is a written document that you must give to your employees when they start working for you and it covers your employees’ main terms and conditions of employment.  It can form an important part of their overall contracts.

Previously employers had two months to provide a new employee with this document.

What should be included in the written statement of terms and conditions? 

The information you must provide is also increasing and must include:

  • Details on the eligibility for paid leave, such as sickness absence and maternity/paternity leave.
  • Details of the probationary period in terms of it duration and specific conditions.
  • All payment and benefits the employee is entitled to.
  • The specific days and times your employee must work and whether their working hours are variable.
  • Any training entitlements.

Who benefits from the written statement of terms and conditions? 

Undeniably the employee is a benefiter of the new legislation.  They will be fully briefed from the moment they are employed of what hours are contracted to them, when they will be paid and of the other terms and conditions they are entitled to.  Any ambiguity of what they are being promised by an employer is removed.

However, the employer is also a benefactor.  You are able to provide clear terms and conditions again removing any ambiguity.

It is also a legally-binding document and if you don’t follow the rules that you lay out, you risk an employee taking you to a tribunal or civil court for breach of contract.  You will also be in breach of UK legislation if you do not provide a written statement of terms and conditions to your new employee.

As an employer what are the steps I should take?

  • Now seems a good time to review the contracts you currently have in place and the offer you are making to employees in respect of the hours they are working, probationary periods, termination notice periods and other terms and conditions such as holiday pay, eligibility to sick leave and pay, other types of paid leave and any training entitlements etc.
  • Review your recruitment and on-boarding processes to ensure the documentation is provided before the first day an employee begins working with you.

Feeling baffled or overwhelmed for further information and assistance contact Essencia HR