Following on from the publication of the Good Work Plan, we can expect a raft of new legislation to come into effect during the latter stages of 2019 and from April 2020. Below are some of the key updates which we believe we start to shape the sector over the coming years.

  • Ban use of derogated pay between assignments contract – The Agency Workers (Amendment( Regulations 2019Effective 6th April 2020, employees who are engaged on derogated ‘pay between assignments’ contracts will automatically revert to the right to pay parity.
  • IR35:  Off Payroll Working to be extended to the private sector – Due July 2019 – UK Off-payroll working rules & GOV.UK Publication February 2019 IR35 minutesExcepting companies defined as ‘small’, from 6th April 2020 it is planned that end hirers will be required to issue a determination on whether the individual supplying a personal service to them via their own personal service company (PSC) would, were they to make the supply outside of their PSC, be treated for tax purposes as an employee. 
  • VAT Reverse Charge in the construction sector – UK Draft legislation: VAT reverse charge for construction servicesEffective from 1st October 2019, the customer will be liable to account to HMRC for the VAT in respect of purchases of construction services rather than the supplier. The reverse charge applies throughout the supply chain where payments are required to be reported through the Construction Industry Scheme (‘CIS’). It will apply until the point where the customer receiving the supply is no longer a business that makes supplies of construction services (‘end users’).
  • Right to a written statement of particulars and what they must contain – The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 & The Employment Rights (Miscellaneous Amendments) Regulations 2019This new legislation, which comes into effect on 6th April 2020, amends Part 1 of the Employment Rights Act 1996 to effect that all workers (and not just employees as previously) now have the right to a written statement of particulars of employment which must be given prior to, or on commencement of employment.

    The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 also details what must be included within the statement of initial employment particulars.

  • Holiday pay reference period to be extended to 52 weeks – The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018Effective 6th April 2020, the reference period for calculating average weekly pay appropriate to payment of holiday pay is extended from 12 weeks to 52 weeks.
  • Key information document to be provided by employment businesses – The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019Effective 6th April 2020, an employment business must give work-seekers a Key Information Document which clearly sets out certain key information concerning their relationship. This document must be provided before the business reaches an agreement on terms with that person.

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