The Good work plan: the gift that keeps on giving

• Government publishes statutory instruments following announcement of the Good work plan
• Swedish Derogation contracts for agency workers abolished from 6 April 2020
• Holiday pay reference period for variable pay increased from 12 to 52 weeks

Aspire Comment

Government has published the first tranche of legislation following the publication of the ‘’Good work plan" and have done so rather quietly! There were three statutory instruments published;

• The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 – this is not a draft instrument and will come into force on 6th April 2020
  • A written statement of employment particulars must be given from day one of employment
  • The pay reference period for calculating a week’s pay for holiday pay purposes will be increased from 12 to 52 weeks

• The Agency Workers (Amendment) Regulations 2019 – this is a draft instrument and will be subject to approval by each House of Parliament
  • This legislation removes regulation 10 of the Agency Workers Regulations 2010 abolishing Swedish derogation or Pay Between Assignments types of contracts from 6th April 2020
    • If an intermediary employs a worker and the contract of employment contains statements for the purposes of regulation 10(1)(b) of the 2010 Regulations, the intermediary must:
      • ensure the agency worker is entitled to rights relating to pay as part of the rights conferred by regulation 5 of the 2010 Regulations subject to completion of the qualifying period as stated in regulation 7 of those regulations; and
      • the original statement no longer has effect
    • This statement must be provided on or before 30th April 2020 unless the contract of employment is terminated on or before that date

• The Employment Rights (Miscellaneous Amendments) Regulations 2019 – this is a draft instrument and will be subject to approval by each House of Parliament
  • The right to a written statement is extended to all workers (previously only employees) with effect from 6th April 2020
  • The maximum penalties for aggravated breaches of employment law are increased from £5,000 to £20,000 with effect from 6th April 2019
  • The percentage required for a valid employee request for the employer to negotiate an agreement on informing and consulting its employees will be decreased from 10% to 2% with effect from 6th April 2020

The details will be filtered through to us over the coming months, but it is important that you prepare for the upcoming changes as soon as possible. There is much more guidance and legislation which we expect to see over the next few months and Aspire will keep you updated with any changes.