Earlier this year, the government introduced a swathe of changes to employment rights in this country.

Many of these emanated from a document called ‘The Good Work Plan’ which was heralded as proposing the biggest workplace changes in more than 20 years.

An important change is the introduction of the requirement for all workers to have a written statement of the terms and conditions of their employment and this statement must be given on or before their first day.

Before 6 April, a statement of particulars was to be given to “employees” within two months of commencement of employment. Now, this right is extended to “workers” as well as “employees”.
The distinction between “employee” and “worker” isn’t always clear cut but, in short, an “employee” is an individual employed under a contract of employment, who provides their own services and their employer is obliged to provide them with work, under the control of the employer, in return for an agreed salary or wage.

A “worker” works under a contract or arrangement and agrees to work or provide a service to the other party to the arrangement who is neither a client nor customer; examples include most agency workers, short-term casual workers and some freelancers. The term does not include the self-employed.

The required information under the new written statement includes:

• Days of the week the worker is required to work and whether working hours or days may be variable, with details of how they may vary;
• Any other benefits provided;
• Any probationary period, including conditions and duration;
• Any training provided by the employer, any mandatory part of that training and details of any required training where the employer will not bear the cost;
• Notice periods for termination by either side;
• Terms as to length of temporary or fixed-term work.

Before April 2020, the above information could be given at different times and as separate documents. Now, it must be given together.