APRIL 2020 EMPLOYMENT LAW UPDATES

Several changes to existing legislation and a number of new pieces of legislation are due to be introduced in April 2020 (or otherwise stated) which gives us time to make sure we make the appropriate changes to keep you compliant.

 

  • Reduction in timescales to provide written statement of terms – On 6th April 2020, legislation will be introduced that will reduce the timescales for an employer to provide a ‘statement of employment particulars’ from two months to be required no later than the first day of employment. Additional information will also be required to be included in the employment paperwork. This legislation will also apply to agency workers.
  • This will mean that pre-planning is required to ensure that all required paperwork and details are provided to employees no later than their first day of employment.
  • Agency worker arrangements – So called “Swedish derogation” is about to end. Swedish derogation enables employers to pay employees and agency workers, different rates of pay, provided certain criteria is met.
  • This means that from 6th April 2020, after the first 12 weeks, an employer must offer an agency worker the same terms, including rate of pay, that they would offer to a permanent employee
  • Employment agencies will have until 20th April 2020 to provide written amendments or provide written statements detailing that Swedish derogation is no longer applicable.
  • Termination payments in excess of £30,000 will be subject to class 1A National Insurance contributions
  • Off payroll worker rules changing – the obligation to check employment status for IR35 tax purposes is moving from the personal service company/ltd contractor business to the employer. This could also include the liability for unpaid taxes by the personal service company so ensuring the right checks are completed prior to start date is required.
  • Employment agencies will now be required to provide agency workers with a ‘Key information Document’ on or before their first day detailing the specifics of the engagement they are on which will include details around the contractual terms and pay rates.
  • Parental bereavement Leave and Pay is expected in 2020 however there is no date for when this new piece of legislation will become law.