Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

Changes to written statements of terms

Section 1 of the Employment Rights Act sets out the right for an employee to be given a statement of terms of their employment. Such a statement contains key information such as holiday, salary, job roles etc.

New legislation comes into force on 6 April 2020 relating to the rules around written statement of terms. Employers need to be up to speed with these changes so that the contracts of employment for all new starters on or after 6 April reflect the changes.

A crucial change is that the statement of terms will need to be provided to both employees and workers (whereas previously the right was only available to employees). In addition, the statement must be provided before the first day or employment (or work) rather than within the first two months of employment starting, as was the case previously. A lot of employers will already provide a
statement of terms before employment begins but from 6 April it will be compulsory.

There is also additional information to be included in the statements
which includes:

  • Confirmation of the length of the probation period (even when there isn’t one)
  • Details of any compulsory training to be carried out by the employee and how this is to be funded
  • Confirmation of all unpaid leave available to the employee (e.g. maternity leave, paternity leave, jury leave etc.)
  • Details of any benefits available to the employee as part of their employment.

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