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Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018. SI 2018/1378

In Force: 6 April 2020 Pt 2 of these Regulations makes the right to a written statement of particulars of employment apply when an individual begins employment (a day 1 right). Currently the written statement of particulars of employment is only required to be given by the employer not later than two months after the beginning of the employment. The regulations provide that employers can decide to provide particulars in instalments providing all are provided within 2 months and the majority are provided when the individual begins employment. Part 2 also inserts additional matters particulars of which must be included in the written statement. Pt 3 of these Regulations amends the Working Time Regulations 1998, which implement Directive 2003/88, as amended by Council Directive 2000/34 as from 2 August 2004. The Working Time Regulations 1998 entitle workers to paid annual leave (amongst other things). Reg.16(2) of those Regulations specifies that the pay due is calculated by applying the Employment Rights Act 1996 ss.221 to 224, which provide for the calculation of a week's pay. The application of those sections is subject to specified modifications set out in reg.16(3). These Regulations amend reg.16(3) to change the reference period that applies for calculating an average week's pay where a worker has variable remuneration, either because there are normal working hours but the remuneration varies with the amount of work done or the time the work is done, or because the worker does not have normal working hours. Where a worker has been employed by their employer for at least 52 weeks, the reference period is increased from 12 weeks to 52 weeks. Where a worker has been employed by their employer for less than 52 weeks, the reference period is the number of weeks for which the worker has been employed. Reg.16(3) is also amended so that where earlier weeks must be brought into account because the reference period contains weeks in which no remuneration was payable, no account is taken of weeks preceding the 104 weeks before the beginning of the period of leave. Where this gives fewer than 52 weeks to take into account, the reference period is reduced to that lower number of weeks. Where applying ss.221 to 224 as modified by reg.16(3) gives no weeks to take into account, a week's pay is not calculated by applying those sections, but is instead the amount which fairly represents a week's pay, having regard to certain considerations specified in s.228(3).
Category: Employment » Holidays. Area(s) of law: Employment.

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