Skip to main content

News story

March 30, 2020

Countdown to contract changes for employers

For a change, something in employment law unrelated to the Coronavirus pandemic!

From April 2020, the statutory requirements around an employment statement of particulars are changing and being extended to include all workers, not just employees.

This means that anyone starting work on or after 6 April 2020 will be entitled to a written statement of particulars relating to their employment in the required format by day one, even where the work will last for less than one month, and those already working for an organisation have the right to the same information.

With everyone focused on managing the Coronavirus crisis, employment experts are reminding companies that they must not miss important deadlines to implement new legislation such as this.

From April, the statement must be provided to all new recruits on or before their first day of work and set out in a single document, with only certain exceptions.

On top of all previous information, it must include all benefits and remuneration, all forms of unpaid leave entitlement and all training requirements to provide far more comprehensive information than previously required, specifically:

  • details of the hours and days of the week they are required to work
  • if hours may be varied, how and when
  • if a recruit is subject to a probationary period, how long and under what conditions
  • details of entitlement to paid leave, including maternity and paternity leave
  • any training which must be completed, and whether the employer will pay for it
  • any additional remuneration or benefits provided by the employer

Within two months of the start date, confirmation must be provided for pensions, collective agreements, disciplinary procedures and any training entitlement where completion is not a requirement of the job, all of which can be in separate documents.

Employment lawyer Karen Cole said:

“It’s important for employers to make sure they are providing statements to all workers, as well as employees. There is often confusion over the distinction between an employee, a worker and a contractor, as highlighted by many high-profile cases relating to those working in the gig economy, such as Uber drivers.

Although someone may not be an employee, they may still be categorised as a ‘worker’ and entitled to certain rights such as the national minimum wage and paid holiday and now a section 1 statement of particulars. Employees are also ‘workers’, but they have extra employment rights and responsibilities.”

The definition of a worker in the Working Time Regulations 1998 is someone who works under a contract of employment, or any other express or implied contract, to provide work or services personally for a reward and who cannot send someone else to carry out the task. The broad definition means that many casual, freelance or self-employed individuals may be treated as workers.

Some exceptions exist on sub-contracting of work and where an individual provides services through a limited company. To help determine status, the Government has an online tool to help employers and individuals.

Karen added:

“Previously, a written statement could be made up of multiple documents, and different sections might have been distributed at different times. It’s a potential minefield when trying to create one document from all these different sections, particularly in relation to discretionary benefits and distinguishing worker rights from those of employees.

Employers need to make sure they do not inadvertently create a contractual right for anything that may be subject to circumstances, withdrawn or altered, so such items should be clearly marked as non-contractual, that they may be withdrawn or changed and are subject to the employer’s discretion at all times. One way to make this clear is to create an annexe to cover such items. Similarly, setting up a separate template for workers can help avoid inadvertently extending employee rights to workers.”

Get it right and call Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more
  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more
  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more
  • Love in later life and the inheritance tax trap
    Increasingly, lawyers are seeing couples who have chosen to live together rather than marry, sometimes for many years, without fully appreciating how differently the law treats them, particularly when it comes to inheritance tax and financial protect


    Read more
  • Understanding Heads of Terms in corporate transactions
    Heads of terms are a crucial first step in corporate transactions. Learn what they include, why they matter, and how they shape successful deals.


    Read more

What they say...

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

  • Client, January 2026
    Excellent experience “The process of my work was quick and effective.”

  • Vicky, January 2026
    Clear, friendly, helpful “Very efficient and helpful with arrangements for my will.”

  • R Cook, December 2025
    Settlement Sorted “Grayson Stuckey was great. Efficient and friendly with all aspects of the support provided. We worked well together and achieved a positive outcome. Recommended.”

  • Ivan Naisbitt, December 2025
    More than just a service “Michael Davies has been representing me for about 35 years, and I cannot recommend him or RIAA Barker Gillette (UK) highly enough. Aside from the normal conveyancing, he is always on hand to advise and guide you throug

Read more
Send this to a friend