New staff what you NOW need to do!

New staff what you NOW need to do!

Major changes to what information you have to provide to all employees and workers come into force from April 6th.

In addition to greater detail, the new document, a: Statement Of Main Terms and Conditions (SMT) now applies to both employees and workers on the first day they start work or before they start work. There is no requirement to re-issue contracts to existing staff.*see last paragraph.

Until the change it was only necessary to supply a contract if the employment was to last for more than one month. That has now changed and even short-term employees or workers will have to be given a statement.

What has to be in the Statement

Employers already have to give employees a long list of information relating to their terms and conditions of employment. From 6 April, the following has to be included:

  • The days of the week the worker is required to work and whether working hours or days may be varied, with details of how they may vary
  • Any entitlement to paid leave (other than paid holiday, which already has to be provided), including maternity, paternity and adoption leave
  • Any other remuneration or benefits provided by the employer
  • Any probationary period, including any conditions and how long it will last
  • Any training provided by the employer, including whether the worker is required to complete it and whether the employer will pay for this.

*

Worker status

Worker status is sometimes seen as a “half-way house” between employee and self-employed status. Workers are entitled to fewer statutory rights than employees, but do have some key legal rights, including:

  • Protection from discrimination.
  • Protection against unlawful deduction from wages.
  • Entitlement to the national minimum wage.
  • Self-employed status
  • The self-employed enjoy no statutory employment rights (although they may be protected by discrimination law)

 

What is the significance of the distinction?

Legal protections

Some core legal protections only apply to employees, for example the right:

  • Not to be unfairly dismissed.
  • To receive a statutory redundancy payment.

 

The Graham Agency, keeping you informed.

 

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