The Employment (Miscellaneous Provisions) Act 2018 has amended a number of pieces of legislation that will impact on all employers, and it is not just about the use of zero hours contracts.
Firstly, the Terms of Employment Act 1994 is amended and it is a requirement of the new Act for employers to issue all employees a basic statement of minimum terms of employment, within five days of commencement. These are:
1. Full names of employer and employee.
2. Employer's address and principal place of business.
3. Expected duration and end date of contract if it is intended to be temporary.
4. The rate or method of calculation of remuneration, and pay reference period as per the National Minimum Wage Act 2000.
5. Hours of work (both daily and weekly).
An employer who fails to issue accurate information in this regard may be subject to a summary conviction unless they can demonstrate that any error was clerical or made accidentally.
The Employment (Miscellaneous Provisions) Act 2018 has also further amended the 1994 Act by providing that an employee cannot be penalised for exercising their rights under the amendment. Up to four weeks compensation is available for penalisation, and also for failure to provide an accurate or no statement of terms of employment. The WRC can also make an order that the terms are provided.
However, it is still better practice that a full and comprehensive contract of employment detailing all relevant terms and conditions of employment is issued to new employees before they commence work. This should include clauses...