New right to written statement of terms
The current law provides that employees are entitled to a written statement of employment particulars, often referred to as the ‘Section 1 statement’ within 2 months of commencing employment.
As from 6 April 2020 the Section 1 statement must be given on or before the first day of employment (except in relation to pensions, applicable collective agreement and training rights, which can be given later, in instalments and now is extended to include all workers; existing workers (who are not employees) do not have a right to a written statement unless they are ‘re-engaged’ by the employer after that date.
The Section 1 statement must also include additional prescribed details, namely:
- In relation to hours of work, it must give details of the days of the week the worker is required to work and whether are not such hours are variable and, if they may be, how they vary or how that variation is determined
- Any terms and conditions relating to paid leave (other than holiday or sick leave)
- Any other benefits not covered elsewhere in the statement
- Details of any probationary period/trial shifts and the conditions applicable to them
- Details of any training entitlement provided by the employer
- Details of any compulsory training
- Details of any compulsory training that is not paid for by the employer
What happens to existing employees?
An existing employee should have been issued with a Section 1 statement if they have been employed for two months or more under the old regime.
On or after the 6 April 2020 an employee may request an updated Section 1 statement and this should be given not later than 1 month after the request is made and should include the new prescribed information.
What to do?
- Employers should first review, and if necessary update, their employment and casual worker contracts to ensure they include all the Section 1 prescribed information; and
- carry out a workforce audit to identify those employees who currently do not have a Section 1 statement and ensure one is issued; and
- have a system in place to ensure all new employees and workers are issued a Section 1 statement on or before their commencement date.