Good work plan update – future changes to employment law

The Government has committed in the ‘Good Work Plan’ that it will legislate to make all work ‘fair and decent’ following the recommendations from the ‘Taylor Review’ in July 2017 and Government response to this in February 2018.

The first statutory instruments have been laid with proposals that the following shall come into effect on 6 April 2020:

• The section 1 written statement of employment particulars, which under the Employment Rights Act 1996, currently must be given to employees within two months of employment starting, will have to be given from day one of employment
• Changes to the rules on calculating a week’s pay for holiday pay purposes, increasing the reference period for variable pay from 12 weeks to 52 weeks
• The Swedish derogation for agency workers shall be abolished

Other amendments will:

• Extend the right to a written statement of employment particulars and associated enforcement provisions to workers (previously this was just employees)
• Increase penalties for aggravated breaches of employment law from £5,000 to £20,000 (with effect from 6 April 2019)
• Lower the percentage required for a valid employee request for the employer to negotiate an agreement on informing and consulting its employees (this is lowered from 10% to 2% of the total number of employees employed by the employer)

What is clear is that there are likely to be some significant changes to employment law over the next couple of years. It will, therefore, be important to keep abreast of these changes and ensure that your contracts, policies and procedures are updated appropriately.​

Next steps

If you require advice or support with any of the above or another employment related issue, please do not hesitate to contact a member of the Employment team.