WRITTEN STATEMENTS - 09.03.2020

Updated written statements for existing employees?

Important changes

We previously explained how the statutory right to receive a written statement of employment particulars is becoming a day one right on 6 April 2020 , i.e. there will be no qualifying length of service ( yr.22, iss.5, pg.1 , see The next step ).

More details

We also told you that additional mandatory information will have to be included in a written statement. What do you need to know?

From 6 April 2020, as well as the information that must already be provided in the written statement, you will have to set out:

• the days of the week required to be worked
• whether the hours or days of work are variable and, if so, how they vary
• any right to paid leave that’s additional to paid sick leave and paid holiday, e.g. maternity and paternity leave
• all benefits
• the length of any probationary period
• the conditions applied to any probationary period
• entitlement to training and whether this is compulsory
• whether the individual has to pay for any compulsory training.

No empty boxes

If there’s no information for any item on the list of required content, you must state this in the written statement, i.e. “no information” or “N/A” . Don’t leave it blank.

Single document

You must provide most of the mandatory details in a single document that’s provided on or before the first day of employment. However, details relating to pensions, collective agreements, training entitlement and disciplinary and grievance procedures may be given separately.

Tip. Separate details must be provided no later than two months after the start of employment.

Existing employees

When these changes come into effect, you won’t have to automatically issue existing employees with an updated written statement or a new employment contract if you include the mandatory details in those documents.

Nevertheless, existing employees will be entitled to request an updated written statement from you which includes the additional information (see The next step ). You must comply with these requests within one month.

Tip. If any of the terms in the written statement change after 6 April 2020 you must give the employee a written statement of the change(s) within one month. This applies regardless of when the employment started. You can provide this information by issuing our statement of changes to employment particulars (see The next step ).

For the previous article on the changes, a written statement of employment particulars and a statement of changes to employment particulars, visit http://tipsandadvice-personnel.co.uk/download (PS 22.06.03).