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

  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more
  • Assigning or Subletting a Commercial Lease: What Tenants Need to Know
    This article explains the key differences between assignment and subletting, outlines the legal framework in England and Wales, and highlights the practical issues tenants should consider before taking action.


    Read more

What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

Read more
Send this to a friend