5th March 2020
April brings with it the usual changes to employment law, including annual increases to the national minimum wage and statutory pay for family-friendly leave and sickness absence. But the effects of Good Work: the Taylor review of modern working practices, published in 2017, are still being felt and changes are being introduced to protect vulnerable workers in increasingly flexible business models.
As Sarah Everton, employment law expert with Myers & Co Solicitors in Stoke-on-Trent explains, changes to IR35 tax rules are also expected along with the introduction of the right to parental bereavement leave. A raft of measures designed to protect vulnerable workers also come into force. Sarah rounds off with a word on Brexit.
Employers should prepare for changes on the following dates:
From 1 April 2020
From 5 April 2020
From 6 April 2020
From 6 April 2020, bereaved parents will be entitled to two weeks’ leave if their child dies or is stillborn and leave will be paid if the parent meets certain criteria.
The Employment Rights Act 1996 lists the information that must be given to an employee in a ‘statement of particulars’ and this will have to be provided to workers as well as employees. Casual workers and individuals on zero hours contracts are likely to be categorised as workers and will benefit from this right. Determining worker status is a thorny issue in employment law. As a rule of thumb, workers do not have to accept offers of work unlike an employee. However, they do have to perform the work themselves, rather than send a substitute, which distinguishes them from a self-employed contractor.
The statement of particulars must be provided before or on the first day of work, although some information, such as relating to pensions and training, can follow within two months. Your standard statement of particulars or contract or employment may need updating to include additional information, required by changes to the Employment Rights Act 1996, such as the entitlement to training and other benefits.
These changes apply to staff joining on or after 6 April 2020 but watch out for triggers that entitle other staff to a new style statement of particulars. This could be an individual asking for a statement or making certain changes to terms and conditions.
To take account of peaks and troughs in work for casual staff and seasonal workers, the way in which holiday pay is calculated will change. Holiday pay for those working irregular hours will be calculated using average earnings over the previous 52 weeks. Before 6 April 2020, the average was calculated over 12 weeks.
The IR35 rules apply to contractors who provide services through a limited company, but whose working arrangements are more like those of a directly engaged employee.
Changes in the rules from 6 April 2020 make the client, rather than the contractor, responsible for assessing the contractor’s tax status. If the individual is deemed an employee, the client has to deduct tax and national insurance through PAYE and pay employer’s national insurance contributions. This will bring the private sector in line with the public sector. Small businesses are exempt, using the Companies Act 2006 definition of a small company based on headcount, turnover and balance sheet.
The new rules will only apply to services delivered after 6 April 2020.
Finally, a brief word on Brexit. The UK is now in the transition period, which runs until 31 December 2020. During the transition period, free movement of workers continues, and EEA workers can still work in the UK. Employers should be reminding their employees from EEA countries to apply under the settlement scheme for settled or pre-settled status. The deadline for applications is 30 June 2021.
It is business as usual for employment law until the end of the transition period on 31 December 2020. EU law determines many areas of UK employment law. We will keep a close eye on this year’s trade deal negotiations and the likely impact on the future development of employment law.
We can advise you on how best to prepare for these changes, including updating contracts of employment and assessing the status of your contractors. Please contact Sarah Everton head of employment law on 01782 525012 or email firstname.lastname@example.org.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.