Changes in the minimum information required to be included in a S1 Statement (which more often than not which is presented in the form of an employment contract), and the timing of provision of the particulars, came into being last April following the Good Work Plan. With the distraction of the pandemic and furlough and everything else, it has been easy to overlook these so here is a recap.
The key s1. changes are as follows:
a. all employees are now entitled to a Section 1 Statement of Particulars from day one when they are engaged on or after 6th April 2020. The right to a Statement of Particulars, and from day 1, also now extends to Workers for the first time;
b. additional mandatory information is required for a new s1. Statement of Particulars including:
- details of any probationary period;
- entitlement to any paid leave (over and above annual leave, for example, maternity leave etc);
- details of training provided and funding arrangements for this;
- full details of the hours and days of the week an individual is required to work and how these may be varied; and
- details of any other benefits provided.
c. employees engaged before 6th April 2020 need not be given new compliant statements unless either they ask for one (in which case the employer has a month to comply) or they are promoted/change roles for example and issued with changes to their existing terms in which case the new terms must be compliant.
d. as has always been the case an employee may apply to a Tribunal if a s1 Statement is not furnished and to establish their terms, and in any event if they are successful in bringing for example an unfair dismissal claim, if they do not have a compliant s1 Statement they will be awarded an additional 2 weeks and up to 4 weeks’ pay.