16 January 2020
As the New Year is now upon us, we have set out a few of the key developments in employment law that you can expect to see in 2020. Employers should start planning ahead now for these upcoming changes.
Employment contracts
From 6 April 2020, all workers (rather than employees) will be given the right to a written statement of particulars. The statement must also be given on the first day of employment, rather than within two months of employment starting.
Holiday pay reference period
From 6 April 2020, the reference period for determining an average week’s pay (for holiday pay purposes) will increase from 12 weeks to 52 weeks, or if the worker has been employed for less than 52 weeks, the number of complete weeks for which the worker has been employed.
Parental bereavement leave and pay
It is expected that the Parental Bereavement (Leave and Pay) Act 2018 will come into effect in April 2020. The Act will give all employed parents a statutory right to two weeks’ leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Employed parents will also be able to claim statutory parental bereavement pay for this period, if they meet relevant eligibility criteria, which are similar to the eligibility criteria for statutory paternity pay.
Finally, watch this space….
There are also a number of cases to be decided by the Supreme Court in 2020 which could change the landscape of UK employment law -
Employee data and monitoring:
A judgment is currently awaited in the case of Various Claimants v Morrisons Supermarket. The Court of Appeal previously upheld the High Court’s ruling that Morrisons are vicariously liable for a deliberate data leak by their employee Andrew Skelton.
Pay and benefits:
The case of Royal Mencap Society v Tomlinson-Blake is due to be heard in February 2020. The Supreme Court will consider the correct approach to considering whether employees who sleep-in in order to carry out duties if required are engaged in “time work” for the full duration of the night shift. This decision will have a significant impact on employees and employers in the care sector.
Employment status:
In July 2020 the Supreme Court will consider the case of Uber BV and others v Aslam and others and determine whether the Court of Appeal was correct to rule that Uber drivers are workers for the purposes of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998. This decision will provide much needed clarity on the issue of employment status in the gig economy.
If you would like us to assist your business in getting ready for these changes, please contact Caroline or any other members of our Specialist Employment Law Team.
