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The right to a written statement of terms (or s. 1 statement) is being extended for those who start work on or after 6 April 2020.

The right to a written statement of employment particulars is set out in s. 1 of the Employment Rights Act 1996. It sets out the main terms of the employment relationship, often in the form of a contract, though it doesn’t have to be. Employers have a couple of months from when the employee starts work to provide such a statement.

The biggest change is that, from April 2020, such s. 1 statements will have to be provided to all workers, not just ‘employees’. ‘Worker’ includes employees, as well as those who work under a contract under which they undertake to work personally for another party to the contract. The other party must not be a client or customer of any profession or business undertaking carried on by that individual.

As specified in the Employment Rights (Miscellaneous Amendments) Regulations 2019, individuals who start work on or after 6 April 2020 will be entitled to the following additional information in their s. 1 statement of terms:

• the days of the week they are required to work
• whether the working hours may be variable and how any variation will be determined
• any paid leave (other than paid holiday which already has to be provided) to which they are entitled (e.g. maternity or family leave)
• details of all remuneration and benefits (above base pay)
• any probationary period and the conditions relating to it, and
• any training entitlement provided by the employer, including whether any training is mandatory and/or must be paid for by the individual

The timetable for providing this information to new starters will also change: the s. 1 statement must be provided by the date that the individual starts work, rather than within two months of their start date. The existing exclusion for those employed for less than one month will no longer apply post-April 2020 – all workers/employees will have the right to a s. 1 statement, regardless of how long their employment/contract lasts.

Although most of the information must be given in a single document on or before day one of employment, some particulars can be given in a separate statement no later than two months after employment begins. They are details of:

• pensions and pension schemes
• collective agreements
• any training entitlement (although details of compulsory training, and any training the worker has to pay for, must be included in the initial statement), and
• disciplinary and grievance procedures

In addition, the single document can refer the worker to another source (such as a staff handbook or the intranet) for certain information including incapacity and sick pay, entitlement to paid leave (other than paid holiday), pensions and pension schemes, and training entitlement.

Written statements do not have to be re-issued to existing employees on 6 April 2020, unless they request it either during their employment or within three months of termination. If they do request it, employers will have one month to provide a compliant ‘new style’ s. 1 statement.

However, after April 2020, if there is a change in the employee’s terms of work - including the new requirements - this is referred to as a ‘trigger’ and the employer must provide the employee with a statement of the changes ‘at the earliest possible opportunity’ and not later than one month after the change.

The existing mechanism for enforcing compliance with s.1 statement requirements will be extended to cover the new provisions. A failure to provide a s.1 statement, or one that fails to meet the requirements, can give rise to a tribunal claim which could result in 2-4 weeks’ pay, where the employee or worker brings another successful claim in tribunal. It is not a standalone claim.