New Year, Fresh Start!... The Right To A WSOP

2020 was taken over by the Coronavirus, shielding, self-isolation, support bubbles, tier systems, the CJRS and furlough to name but a few! It is understandable that businesses have been trying to keep up-to-date with the ongoing developments in this area, not to mention trying to run a profitable business.

You may have read about the changes that came into effect back in April 2020 in our newsletters and magazines. 

To ensure our members remain up-to-date with ever-changing legislation, this article focuses on one of the changes from 2020 - the right to a Written Statement of Particulars (WSOP) on or before the first day of employment.

What were the changes?

From 6th April 2020 businesses are required to issue a WSOP to employees and workers on or before the first day of employment.

In addition to the existing particulars that must go into a WSOP the following information must now also be included in a WSOP:

  1. Information about probationary periods if applicable, any conditions and duration.
  2. The hours and days of the week the individual is required to work and whether or not those hours or days are variable and how the variation is determined.
  3. Specific details about any paid leave the individual is entitled to (other than holiday entitlement and sick leave) for example maternity or paternity leave etc.
  4. Specific details on other benefits the individual may be entitled to such as gym membership, health, or medical insurance etc.
  5. Details about any training or compulsory training the individual is required to undertake and whether or not the employer will pay for any other compulsory training.

How to comply with the changes

If you have not done so already, it is important to undertake a review of your current recruitment processes to ensure WSOP’s are issued on or before the first day of employment when recruiting new staff after 6th April 2020.

Review and amend existing WSOP’s to comply with the changes.

What happens if you do not comply?

Where a worker or employee is not issued with a WSOP or where the WSOP does not comply with the legal requirements, they can issue a claim in the Employment Tribunal requesting a declaration of the terms that should have been provided to them.

They can also be awarded between 2 to 4 weeks gross pay if they bring certain other claims.

How can the NFU Employment Service help you?

Included as part of our membership, are updated template WSOP’s to reflect these changes. Members can use our templates to adapt as their own and submit for checking by our Employment Specialists prior to issuing to your employee.

As businesses become severely impacted by the pandemic, you may not have the time to review or draft a WSOP. Our Employment Specialists are here to help take away that strain. We can assist you with reviewing or drafting of your employment documentation to ensure you are legally compliant allowing you to concentrate on running your business.

If you would like further information on our membership or consultancy services, please do not hesitate to contact us on 0370 840 0234 or [email protected]. We will be more than happy to discuss your individual needs and provide a quotation tailored specifically to you and your business.