Hallmark Hulme Solicitors – Employment Law Changes Preparing for April 2020

Promotional Business Feature. Pictured: Claire Cole
Hallmark Hulme Claire Cole

Claire Cole, Partner and Head of Employment at Hallmark Hulme LLP, summarises the key legislative changes which employers are required to implement with effect from 6 April 2020.

Holiday Pay

In the Good Work Plan, the Government committed to improving holiday pay arrangements for seasonal workers. To achieve this, the reference period for calculating a worker’s average weekly pay will increase from 12 weeks to 52 weeks (or the actual number of weeks worked if less than 52).

Employer Action Points

Employers should consider which workers are covered by this new reference period, ensure that pay records from 6 April 2019 to 6 April 2020 are accurate and implement a process which complies with the new holiday pay calculation.

Statement of Terms

Employers are already legally obliged to provide a written statement to employees within 2 months of starting employment. They will now be obliged to provide a written statement to all workers on the first day they start work. The written statement must include details about pay/benefits, working hours, holiday, notice provisions and eligibility for sick leave, maternity leave and paternity leave.

Employer Action Points

Employers should issue written statements to all workers containing these terms and update recruitment processes to ensure that documentation is issued to workers and employees on or before the first day of work.

Extension of IR35 to Private Sector

Medium and large sized private sector businesses will become responsible for assessing employment status of the off-payroll workers they engage.

Employer Action points Employers should review their consultancy arrangements to ensure compliance with these new rules. A good starting point is HMRC’s online tool “Check Employment Status for Tax”.

Parental Bereavement Leave

Employees who lose a child under the age of 18 or suffer a still birth from the 24th week of pregnancy will be entitled to 2 weeks unpaid parental bereavement leave. Employees will have this right from day one of their employment.

Employers Action Points

Employers should have a written parental bereavement leave policy in place which reflects the requirements of the legislation.

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