As you know, employers must provide a written statement of particulars to every employee within the first two months of their employment. This is commonly referred to as a ‘Section 1 Statement’, and must include specified information such as the date on which the employment began, how much the employee will be paid and details of their entitlement to holidays and sick pay etc. In practice, these terms will usually be included within the employee’s contract of employment.
The Government has introduced a number of key changes to S1 Statements that will come into force on 6 April 2020. These changes include the following:
Workers not just employees
From 6 April 2020, the right to receive a S1 Statement will be extended to workers. This includes, amongst others, agency workers, casual workers and zero-hours workers. Workers who are recruited on or after 6 April 2020, who do not receive a S1 Statement will have the same remedies as employees when it comes to enforcing their rights in the Employment Tribunal.
A “day one” right
Currently, an employer has two months from the start of an employee’s employment to provide the employee with a S1 Statement. However, from 6 April 2020, entitlement to a S1 Statement will become a “day one” right.
Employers will still have 2 months to provide certain information (including information on pensions, collective agreements and certain information on disciplinary and grievance procedures). However, most of the information required under S1 will need to be provided on day one.
Additional information
From 6 April 2020 a S1 statement must also include the following:
- the days of the week the worker is required to work, whether the working hours may be variable and how any variation will be determined;
- any paid leave to which the worker is entitled (such as maternity or paternity leave);
- any other benefits provided by the employer that are not already included in the statement;
- any probationary period, including any conditions and its duration; and
- any training entitlement provided by the employer, including any training that is mandatory and any training that the worker must bear the cost of.
Practical Advice
Employers should:
- review contracts of employment to ensure that they comply with these changes;
- prepare a S1 Statement to be issued to all workers engaged from 6 April 2020.
For further information contact Christopher Sing
