Applicability of Section 1 Statement

The government published its Good Work Plan back in December 2018 in response to Matthew Taylor’s review of employment practices. The Good Work Plan’s stated aims are to provide clarity, ensure fair and decent work and facilitate enforcement.

Applicability of Section 1 Statement

Employers are currently only legally required to provide a written statement of the main terms of employment to their employees within 2 months of the employee’s start date, this is known as the Section 1 Statement. From 6 April 2020, employers will also have to provide Section 1 Statements to their workers. The issuing of Section 1 Statements will also become a day 1 right, meaning the Section 1 Statement will need to be provided on or before the worker’s/employee’s first day of work. Therefore removing the two-month grace period.

There is no requirement to issue new statements to existing staff unless there has been a change to the content of the statement. Existing staff will, however, have the right to request new Section 1 Statements at any time, including up to three months after the end of their appointment/employment, and employers will have one month to comply. If employers change any term which is required to be listed in the Section 1 Statements, they will need to notify their staff accordingly.

There are a number of items which are now essential for inclusion within the Section 1 Statements, such as:

  • details of any probationary period, including its duration and any conditions that apply (such as a shorter notice period) during the probation;
  • details of all paid leave, including details of pay for any form of family leave;
  • training entitlements and details of compulsory training, including whether the employer will pay for it;
  • details of all benefits provided. This appears to include both contractual and non-contractual benefits, so it will be important to differentiate between them; and
  • terms relating to any work the worker will be required to complete outside the UK for periods of more than one month.

Although many employers will already have much of the required information available for employees/workers care will, however, be needed to ensure that an appropriate level of detail is included within the Section 1 Statement itself, as there will be less scope to rely on ancillary documents such as policies in an employee handbook.

CONTRACT OF EMPLOYMENT REVIEW

An hour of my time can save MANY hours of your time!
I can review your Contract of Employment for compliance with this new legislation that takes affect on 6 April 2020 and provide a written report detailing where your contract will need updating. You will receive your report within 5 working days of sending me your handbook.

If you authorise me to make the changes I have suggested in my report there will be an additional fee. My written report will confirm the fees and anticipated timescales.

Applicability of Section 1 Statement

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