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April employment law update

Image of April employment law update

Are you aware of the key employment changes that took effect on 06 April?  The key changes are listed below:

1. Written Statement of Terms:  The Employment Rights Act 1996 has now been amended to give workers (rather than just employees), the right to a written statement of terms and to bring an Employment Tribunal claim against their employer.  The written statement of terms should now be issued prior to the worker/employee commencing work, or on the worker/employee’s first day of work (prior to 6th April an employer had 2 months to issue such terms to an employee).   

2. Holiday pay reference period: Prior to 6th April, the reference period for calculating an average week’s pay for the purposes of calculating holiday pay was 12 weeks, this has now been amended to 52 weeks, or the number of complete weeks for which the worker has been employed (if less than 52 weeks).

3. Agency Workers: The Agency Worker Regulations 2010 have been amended so that all agency workers now have a right to pay parity with comparable permanent staff after 12 weeks.  Further amendments have been made which require all employment businesses to provide agency work-seekers with a key facts statement, before agreeing the terms by which the work-seeker will undertake work. 

4. Parental Bereavement leave and pay:  From 6th April there is a new statutory right for employees to take one or two weeks off work following the death of a child under 18 or a still birth.  A new statutory payment, statutory parental bereavement pay, may be payable during parental bereavement leave, depending on the individual’s length of service and earnings.  We will be updating your handbook over the coming weeks to include this new statutory right.  

5. Statutory Payments: 

• Sick pay will increase to £95.85 (previously £94.25);
• Maternity pay, paternity pay, adoption pay and shared parental pay will increase to £151.20 (previously £148.68).

6. Employment Tribunal Awards:

• Maximum limit on a week’s pay will increase to £538 (previously £525);
• Maximum compensatory award for unfair dismissal will increase to £88,519 (previously £86,444).

We hope that you find the information above useful.  If you require further advice do not hesitate to contact our employment law team.  You can find our individual details on the 'Our People' page of our website.

We also make you aware that there is an increase in the National Minimum Wage and National Living Wage from April 2020 as below:

Year 25 and over 21 to 24 18 to 20 Under 18 Apprentice
April 2020 (current rate) £8.72 £8.20 £6.45 £4.55 £4.15
April 2019 to March 2020 £8.21 £7.70 £6.15 £4.35 £3.90