Good Work Plan – legislation laid
18 December 2018
Further to the publication of the Good Work Plan, the government has laid draft statutory instruments which will bring into force some of the announced changes.
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
These regulations make the right to a written statement of particulars of employment apply when an individual begins employment (a day 1 right). Where a worker has been employed by their employer for at least 52 weeks, the reference period is increased from 12 weeks to 52 weeks. Where a worker has been employed by their employer for less than 52 weeks, the reference period is the number of weeks for which the worker has been employed.
These Regulations come into force on 6 April 2020 and extend to England, Wales and Scotland.
The Agency Workers (Amendment) Regulations 2019
These regulations abolish the use of Swedish derogation - the legal loophole which enables some firms to pay agency workers less than permanent staff.
These Regulations come into force on 6th April 2020 and extend to England, Wales and Scotland.
The Employment Rights (Miscellaneous Amendments) Regulations 2019
These regulations:
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increase the maximum level of penalty available from £5,000 to £20,000 for aggravated breach of a worker’s employment rights (from 6 April 2019)
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confer the right to a written statement of particulars of employment and associated enforcement provisions upon all workers (from 6 April 2020) – currently this right applies only to employees
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lower the percentage required for a valid employee request for the employer to negotiate an agreement on informing and consulting its employees. The threshold is lowered from 10% to 2% of the total number of employees employed by the employer (from 6 April 2020).
These Regulations extend to England, Wales and Scotland.