Employment Law: The Effects of Recent Changes to the Employment Rights Act 1996

Following the government’s Good Work Plan, fundamental changes are being made to the particulars to be given to employees, and now workers, on starting work. Terms can be provided as a ‘Section 1 Statement’ of mandatory particulars, or within an employment contract (together referred to herein as Particulars).

The key changes are:

Particulars now need to contain details of:

Terms relating to incapacity and sick pay, any paid leave entitlement which is additional to annual leave and holiday pay (such as maternity and paternity leave), particulars of training provided by the employer, pension schemes, notice periods and certain information about disciplinary and grievance procedures should be contained in a reasonably accessible document and referred to as such within the Particulars.

The laws stipulating that employees can only bring a tribunal claim for the failure to provide a Section 1 Statement if they are also bringing another specified claim in the tribunal and that the capped amount of compensation for failure to provide a Section 1 Statement is four weeks’ pay (subject to the prescribed statutory amount of a ‘week’s pay’) remain unchanged .

Existing employment contracts do not need to be amended, however employees can ask for them to updated if they wish. All new Particulars should reflect the new law.

About the Author

Prospect Law is a multi-disciplinary practice with specialist expertise in the energy and environmental sectors with particular experience in the low carbon energy sector. The firm is made up of lawyers, engineers, surveyors and finance experts.

Philippa Wood is a solicitor with many years’ experience advising on all areas of contentious and non-contentious employment law. Her clients include individuals and companies of all sizes from entrepreneurs to global brands. Philippa qualified as a solicitor in 2005 after working for 13 years in the media, most notably being part of the start-up team for two national cable television stations in the 1980s and 90s.

This article remains the copyright property of Prospect Law Ltd and Prospect Advisory Ltd and neither the article nor any part of it may be published or copied without the prior written permission of the directors of Prospect Law and Prospect Advisory.

This article is not intended to constitute legal or other professional advice and it should not be relied on in any way.

For more information or assistance with a particular query, please in the first instance contact Adam Mikula on 020 7947 5354 or by email on adm@prospectlaw.co.uk.