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Are You All Good with The Good Work Plan 2020?

Posted on: 28th Aug 2019 by: Dêmos HR Solutions

Are You All Good with The Good Work Plan 2020?

In February 2018, Matthew Taylor (Chief Executive of the Royal Society of the Arts) was asked by the Government to conduct a review of the UK employment framework, and last December, the Taylor Review outlined a number of changes to employment legislation, all under the theme ‘fair and decent treatment at work’ for benefits and transparency for both individuals and employers, to be implemented in 2020.

 

With the current Brexit uncertainty, the exact dates for implementation are yet to be confirmed, however, in this blog, we’ve provided an overview of the key changes from the Good Work Plan expected to be effective from 6th April 2020, to help employers prepare.

 

Determining employment status

Employers will be expected to assess and document the personal service provided by individuals that are working for them, and to determine their working relationship for example if they are an:

  • Employee: undertaking regular work (full or part time, or on a fixed-term contract). Employees have full statutory rights under employment law;
  • Worker: defined as undertaking work on an ad hoc job by job casual basis and entitled to some rights including national minimum wage and rest breaks for example; or
  • Self-employed: someone who has control over and negotiates their own working hours and payment by way of invoicing the employer, and therefore does not require legal protection as part of the Good Work Plan reforms.

 

Providing a statement of terms

Currently employers have 2 months to provide a written statement of employment terms to employees only, however from April 2020, employees and workers (casual and zero hours workers too) will have a ‘day one’ right to receive this information which must cover the following new information in addition to what is currently required:

  • Length of the employment term and end date for any fixed term contracts including days, hours an specific times the individual is required to work
  • Details of any probationary periods including length and conditions
  • The amount of pay and all other remuneration such as in cash or kind (vouchers and lunch)
  • Confirmation and details of whether there is an entitlement for paid leave such as sick leave (and pay) or maternity/paternity leave for example
  • Notice periods for terminating the working agreement by both the employer and worker

 

Right for a stable contract

Any employees and workers under your employment after 26 weeks of service requiring more certainty around their working hours, will have the right to request a more predictable and stable contract of employment confirming the number of hours and/or days worked. Employers will have 3 months to respond to a request for a stable contract which gives plenty of time to evaluate the employee’s working schedule prior to the request whilst determining potential future demand for their services to the company.

 

More rights for agency workers

Contracts that withhold the right for agency workers to equal pay (to their employed counterparts) having ‘opted out’ and chosen to receive continuous pay between assignments, will be banned as part of the Good Work Plan.

Further legislation will seek to provide more transparency for agency workers via the form of a Key Facts Page including information such as the type of contract the agency worker is employed under, how much and the method of payment, stating any deduction of fees that may be taken by an intermediary.

 

Breaks in continuous service

For employees and workers experiencing gaps in their employment (for example due to varying assignments starting intermittently) and therefore having their period of continuous service affected, the break period allowed will be extended from 1 week to 4 weeks, ensuring their length of service is accrued fairly.

 

Holiday pay

Many working individuals are unaware of their holiday entitlements and the Taylor Review found they were reluctant to request access to this right in some cases, so, to address this, employers will need to be more transparent and encouraging for employees and workers to use their entitlement. Furthermore, for those undertaking non-regular work assignments, holiday pay has been calculated referencing their previous 12 weeks’ work leaving them at a shortfall. From April 2020, the period for calculating an average weeks’ work will therefore be extended to 52 weeks.

 

There are many changes for employers to understand and implement, however at Dêmos HR Solutions we’re here to help. Contact Debbie on 07974 695 365 or email debbie@demoshr.co.uk if you need assistance reviewing your contracts or setting up the documentation to adhere to the Good Work Plan.

Tags: The Good Work Plan, Employees, Contractors, Agency Workers, Contracts,