The RSMG is the trade association for the rubber stamp and associated marking devices industry. Promoting that industry it provides a forum for the exchange of ideas, information and education.

Preparing for the Good Work Plan

Preparing for the Good Work Plan back to list

27 September 2019

Numerous employment law reforms were set out in the Good Work Plan, published in December 2018. While Brexit appears to have delayed the formal introduction of any legislation, the overall aim of the plan is to strengthen employment rights and improve our work lives.

The changes are due to come into effect on 6 April, 2020.

While there are a number of changes, they are not as daunting as you might initially think. Remember BOSS is here to help and support you through the changes. All our policies, guidance, letters and forms will be updated to include any changes. Below are a number of the changes and some advice on what to do about them.

1.  Written statement of particulars of employment   

Employers currently have two months to provide written particulars to their employees, but this will change to become a day-one right instead. This is to ensure that both parties are clear about the main contractual terms from the outset of the relationship. Be sure to prepare the statement. 

2.  Agency workers

There are a number of additional rights for agency workers. It will become a requirement prior to engagement that an agency will be asked for more information than they are currently. Agencies will be required to provide a Key Facts Page to agency workers. This will need to include details such as the type of contract they are employed under, the minimum rate of pay they will receive and details of any fees that might be taken.

This will help agency workers better understand their basic terms, which can be especially difficult where intermediary umbrella companies are involved. The impact might be that the agency charges more for the agency workers to you as a company to negate the additional cost incurred.

After 12 weeks of service, an agency worker is entitled to receive the same level of pay as a permanent worker, unless the agency worker opts out of this right and instead elects to receive a guaranteed level of pay between their temporary assignments, often referred to as ‘the Swedish derogation’.

This opt-out will be removed because often agency workers are financially worse off taking the Swedish derogation route.

3.  Annual leave   

The reference period used to calculate holiday pay will be extended from 12 weeks to 52 weeks, which is an important development for those who work variable hours. Currently a worker may get different rates of pay during holidays taken, depending on how many hours they worked in the three months prior.

In response to recent case law, individuals will have a better understanding of their rights, and a new holiday entitlement calculator will be launched.

4.  The right to a stable contract or zero-hours contract   

As the changes being implemented are to improve workers’ rights, the employee has a right to request a stable contract after 26 weeks of employment, and you have a three-month window to consider this. You do not have to agree to it, but there will need to be a valid business reason not to agree the request. 

5. Break in service and casual workers 

Currently one week is enough to be considered a break in continuous service. To ensure that employees who work intermittently gain employment rights, there will be a change to the break period from one week to four weeks, helping those employees who work on a sporadic or casual basis to qualify for more employment rights, such as the right not to be unfairly dismissed or the right to statutory maternity pay, which require a particular length of service.

 

For more information, please contact Anna Stretton, Head of Human Resources, at [email protected] 
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