Key Developments in 2020

Nicola Mullineux

Nicola Mullineux

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02 Jan 2020

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2019 was a busy year for employment law, but 2020 is set to be even busier.

Below are some key areas that employers need to be aware of over the next few months.

2020's top legal developments

1. CEO pay ratio reporting

If you’ve had—in a year—an average of more than 250 employees you’re expected to report your executive pay gap. This means you must compare your CEO’s most recent remuneration against your full time employees. You must also accompany this report with explanatory information.

The government hopes that this will allow interested parties to understand the remuneration policies across the organisation and how it compares to the executive pay policy.

CEO pay ratio reporting begins from 1st January. For advice on how to report or collect data, speak to one of our Reward expert on 01455 858 132.

2. Statement of main terms (SMTs)

The provision of SMTs will become a day one right for employees and workers from 6 April 2020.

The statement will also need to contain additional details for the first time. This includes:

  • Entitlement to family friendly leave
  • Clarification of any probationary periods
  • Confirmation of which specific days and times individuals are required to work.

3. Extension of holiday pay reference period

The holiday pay reference period will be extended from 12 to 52 weeks from April 2020.

This period is used to calculate the average pay of those who work irregular hours. The aim of extending it is to provide a fairer approach to holiday pay. Particularly when workers are carrying out flexible hours.

It will be important for organisations to keep track of employees’ working time throughout the year. This includes overtime, to ensure they are correctly remunerated whilst on annual leave.

4. End of Swedish derogation contracts

Organisations will no longer be able to make use of Swedish derogation contracts from 6 April 2020.

These contracts, which allow employers to avoid providing agency workers with equal pay after 12 weeks’ of an assignment, will become unlawful. 

Once in force, all agency workers will become entitled to equality of pay once they reach 12 weeks’ service within one assignment.  ‘Equality of pay’ refers to pay when compared to comparable full-time employees. Employment businesses will have to notify their agency workers of this change by providing them with a written statement by 30 April 2020.

5. Agency Workers ‘Key facts’ page

From 6 April 2020, agency work-seekers will have a right to receive a key information document. This is to help them make informed choices about the work they accept.

The document must clarify specific matters including the type of contract the worker is employed under and their minimum rate of pay.

How to prepare for change

Many changes are on the horizon. That why it’s important to remain fully up to date with the legal requirements. Further provisions of the Good Work Plan are still in the pipeline. Brexit is now very much a reality. These are just the changes we’re aware of.

Employment law is likely to see even more developments over the next few years. So prepare yourself by enlisting the help of the employment law experts.

Speak to a Croner representative today and never be caught unaware again. Call 01455 858 132.

About the Author

Nicola Mullineux

Nicola Mullineux, as Group Content Manager, leads a team of employment law content writers who produce guidance and commentary on employment law, case law and key HR developments. She has written articles for national publications for over 10 years and regularly helps to shape employment of the future by taking part in Government consultations on employment law change.

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Nicola Mullineux

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