Abolition of the "Swedish derogation”
The draft Agency Workers (Amendment) Regulations 2019, which are due to come into force on 6 April 2020, will remove the Swedish derogation from the Agency Workers Regulations 2010 to give agency workers a right to pay parity with direct employees after 12 weeks.
Written statement of terms and holiday pay
The Employment Rights (Employment Particulars and Paid Annual Leave (Amendment) Regulations 2018 (SI 2018/1378) due to come into force on 6 April 2020. These regulations bring in a right to be provided with a written statement of terms on the first day of employment, rather than within the first two months as required by the Employment Rights Act 1996, and add to the amount of prescribed information which a written statement must contain. They also amend the Working Time Regulations 1998 to increase the reference period for determining an average week's pay (for the purposes of calculating statutory holiday pay) from 12 weeks to 52 weeks. This will protect workers with no normal working hours whose pay fluctuates.
The Parental Bereavement (Leave and Pay) Act 2018
This is expected to come into effect in April 2020. Under the new legislation, which received Royal Assent on 13 September 2018, all employed parents will be entitled to a day-one right to two weeks' leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy.
For help and advice on employment matters please contact Emma-Louise Hewitt on 0808 166 8827 or email e.hewitt@sydneymitchell.co.uk
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