More Legislation Coming out of the Good Work Plan

08 April 2019


Increased penalties for aggravated employment rights breaches

  • Maximum penalty for aggravated employment right breaches increased from £5,000 to £20,000
  •  An aggravated employment breach is where the employment breach is deliberate or the employer has repeatedly breached the right concerned
  • With effect from April 2020 the right to a written statement of employment particulars is extended to all workers

The Employment Rights (Miscellaneous Amendments) Regulations 2019 part 1 and 2 came into effect on April 6th 2019, and increased the maximum penalty for aggravated employment breaches as detailed at Section 12A of the Employment Tribunals Act 1996.  Where an employment tribunal claim finds that an employer has breached an employee’s rights and there is an element of aggravating features, the employer can be required to pay a penalty to the Secretary of State.  The aggravated breach fines are rarely imposed but the potential fine does pose some deterrent to employers.

From April 2020 Government will extend the right to receive a written statement of employment particulars to include workers.

Currently, only employees must receive a written statement of particulars within 2 months of starting work. The statement must set out: employee and employer name, job title, date employment commenced, pay rate, holiday entitlement and working location.