The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/1378 |
| Year | 2018 |
2018 No. 1378
Terms And Conditions Of Employment
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
Made 17th December 2018
Laid before Parliament 17th December 2018
Coming into force 6th April 2020
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to employment rights and duties2and measures relating to the organisation of working time3.
The Secretary of State, in exercise of the powers conferred by sections 7 and 236(5) of the Employment Rights Act 19964and section 2(2) of the European Communities Act 1972, makes the following Regulations.
PART 1
CITATION AND COMMENCEMENT
Citation and commencement
1. These Regulations may be cited as The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 and come into force on 6th April 2020.
PART 2
EMPLOYMENT PARTICULARS
Amendment to the Employment Rights Act 1996
2. The Employment Rights Act 1996 is amended as follows.
Amendment of section 1
3. In section 1(statement of initial employment particulars)—
(a) for subsection (2) substitute—
“2 Subject to sections 2(2) to (4)—
(a) the particulars required by subsections (3) and (4) must be included in a single document; and
(b) the statement must be given not later than the beginning of the employment.”;
(b) in subsection (4)—
(i) in the words immediately before paragraph (a) for “(or the instalment containing them)” substitute “(or the instalment of a statement given under section 2(4) containing them)”;
(ii) for paragraph (c), substitute—
“(c)
“(c) any terms and conditions relating to hours of work including any terms and conditions relating to—
(i) normal working hours,
(ii) the days of the week the worker is required to work, and
(iii) whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined.”;
(iii) at the end of paragraph (d)(ii), omit “and” and insert—
“(iia)
“(iia) any other paid leave, and”;
(iv) after paragraph (d) insert—
“(da)
“(da) any other benefits provided by the employer that do not fall within another paragraph of this subsection,”;
(v) after paragraph (g) insert—
“(ga)
“(ga) any probationary period, including any conditions and its duration,”;
(vi) in paragraph (j), omit the final “and”;
(vii) after paragraph (k) insert—
“(l)
“(l) any training entitlement provided by the employer,
(m)
(m) any part of that training entitlement which the employer requires the worker to complete, and
(n)
(n) any other training which the employer requires the worker to complete and which the employer will not bear the cost of.”.
(viii) after subsection (5) insert—
“6 In this section “probationary period” means a temporary period specified in the contract of employment or other worker’s contract between a worker and an employer that—
(a) commences at the beginning of the employment, and
(b) is intended to enable the employer to assess the worker’s suitability for the employment.”.
Amendment of section 2
4. In section 2 (statement of initial particulars: supplementary)—
(a) in subsection (2) for “subsection (4)(d)(ii) and (iii)” substitute “subsection (4)(d)(ii)to (iii) and (l)”;
(b) for subsection (4) substitute—
“4 A statement, insofar as it relates to the particulars required by section1(4)(d)(iii), (j) and (l) and the note required by section 3—
(a) may be given in instalments; and
(b) must be given not later than two months after the beginning of the employment, even where the employment ends before that date. ”;
(c) in subsection (5) for “the statement under section 1” substitute “any instalment of a statement given under subsection (4)”;
(d) omit subsection (6).
Amendment of section 4
5. In section 4 (statement of changes)—
(a) in subsection 2(a) omit the words “otherwise than in instalments”;
(b) in subsection (2)(b)(i) for “section 1 or” substitute “section 2(4)”;
(c) omit subsection (2)(b)(ii);
(d) in subsection (4), for “sections 1(4)(d)(ii) and (iii)” substitute “sections 1(4)(d)(ii) to (iii)”.
Amendment of section 7A
6. In section 7A(1) (use of alternative documents to give particulars)5—
(a) in paragraph (b) for “in subsections (3) and (4) (a) to (c), (d)(i), (f) and (h) of that section” substitute “in that section save for the particulars specified in section 2(4) and”;
(b) for paragraph (c) substitute—
“(c)
“(c) the document is given not later than the beginning of the employment.”
Repeal of section 198
7. Section 198 (short-term employment) is repealed.
Application
8. Subject to regulation 9, the amendments made by regulations 2 to 6 only apply in relation to a written statement required by section 1 or 4 of the Employment Rights Act 1996 where the worker to whom the statement must be given begins employment with the employer on or after 6 April 2020.
Transitional
9.—(1) Schedule 2 to the Employment Rights Act 1996 (transitional provisions and savings) is amended as follows.
(2) In paragraph 7—
(a)
(a) in the heading, after “Employment particulars” insert “for pre-TURERA employees”;
(b)
(b) in sub-paragraph (2), after “this paragraph” insert “and paragraph 7B”;
(c)
(c) in sub-paragraph (3), in the words before paragraph (a), after “time” insert “before 6 April 2020”.
(3) After paragraph 7 insert—
“Employment particulars for pre-6 April 2020 employees
7A.—(1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April 2020.
(2) Subject to paragraph 7B, sections 1 to 7 of this Act apply to an existing employee without the amendments made by regulations 2 to 6 of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee
7B.—(1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
(a)
(a) on or after 6 April 2020, and
(b)
(b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written...
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