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News
Employment Law Changes
From 6 April 2020, employers are obliged, by section 1 of the Employment Rights Act 1996, to provide both employees and workers with a written statement of particulars of employment BEFORE, or ON, the start date of their employment.
The Equestrian Employers Association contract of employment, created using the Contract Creator, complies with these requirements, and it has been updated to take account of recent developments in employment law, and to ensure that it remains relevant to our members.
The Equestrian Employers Association is pleased to welcome Bindmans LLP solicitors to join 5 Essex Court as legal Partners and forming EEA Legal Services.
“We strongly urge you, therefore, to download and re-issue the updated contracts of employment as soon as possible.
It is important to remember that your employees’ start dates remain the same as stated in their original contracts, and that they are given the opportunity to ask questions about the new contract, as you will need to get their agreement to the new terms (which can easily be provided by getting them to sign the new contracts).
We recommend that you reassure your employees that their terms have not changed substantially, and that they will be no worse off under the new contracts, but that the new contracts are simply an update, to remain relevant and in keeping with current law.”
Neil Emery, Associate at Bindmans LLP
It is important to remember that your employees’ start dates remain the same as stated in their original contracts, and that they are given the opportunity to ask questions about the new contract, as you will need to get their agreement to the new terms (which can easily be provided by getting them to sign the new contracts).
We recommend that you reassure your employees that their terms have not changed substantially, and that they will be no worse off under the new contracts, but that the new contracts are simply an update, to remain relevant and in keeping with current law.”
Neil Emery, Associate at Bindmans LLP
The changes apply to employees and workers. Workers are defined as anyone who provides personal service – that is they agree to do the work themselves and not through an intermediary like an agency, or it is not delegated to someone to do on their behalf.
So most of those ‘self-employed’ staff, many of whom work at only one establishment, will be considered to be workers.
Failure to provide a contract to such people generates an automatic award of 2 week’s pay from the Employment Tribunal and allows the Employment Tribunal to draft the contract for you (do you really want that?) plus draws attention to yourselves.
Victoria von Wachter, Barrister at 5 Essex Court
The two key employment law changes relevant to the equestrian industry are:
Changes to written statements of employment particulars
There are three important changes to written statements, which will apply from April 6th 2020:
1. All workers employed on or after 6th April 2020 will be entitled to a written statement of employment particulars.
2. Employees and workers must be provided with their written statement on or before their first day of employment.
3. There is additional information that written statements will need to contain, including:
- the hours and days of the week the worker /employee is required to work, whether they may be varied and how
- entitlements to any paid leave
- any other benefits not covered elsewhere in the written statement
- details of any probationary period
- details of training provided by the employer.
Changes to holiday pay calculations
From 6 April 2020 the Government will lengthen the holiday pay reference period for calculating an average week’s pay from 12 weeks to 52 weeks.
This reform is intended to improve the holiday pay for seasonal workers, who tend to lose out over the way it is currently calculated, and to even out the variation in pay for workers.
Create your employment contracts in five easy steps. Get access to the Equestrian Employers Association’s Contract Creator.
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