April 2020 will see a number of changes in U.K. employment legislation and regulation, all of which will directly affect PA employers in Scotland.  The main changes include:

• Written contracts of employment

From 6th April 2020, every “worker” and “employee” will be entitled to a written contract of employment from day 1.  This removes and replaces the current grace period which allows a written contract to be provided within 2 months of starting and does not apply to “workers”.

This means that everyone using a Direct Payment (Option 1) will need to consider the legal status of those supporting them and determining whether they are a “worker” or an “employee” (and zero-hours contracts are included in these categories) and ensure a contract of employment is made available from day 1.  The content of the new contract of employment has also been enhanced.

Make sure your contracts of employment are compliant – call our membership team for support and advice on getting this right before you recruit

• Holiday Pay

The “reference period” for calculating holiday pay is changing and this will also extend to people who are on “zero-hours” contracts.

Make sure your payroll team have updated their systems to ensure they use the new reference period for calculating holiday pay when this comes into force.

• The Parental Bereavement (Leave & Pay) Act 2018

It is anticipated this will come into effect in April 2020 and will lay out the rights of parents who suffer the loss of a child.

Contact our membership team for more information on when this new right applies.

Speaking about the changes, SPAEN CEO, Colin Millar said,  “these are important and welcome changes to the rights of employees and workers but as always, these changes could have a disproportionate affect on people employing their own carers through a Direct Payment as they don’t have access to the same supports and services as many organisations and companies.

Simple changes in rights such as the right to a Statement of Main Terms or contract of employment from day 1 seem simple to implement but these changes need to be viewed in the context of social work systems.  Our experience at SPAEN is that people are often in post and delivering care and support long before the Direct Payment money has been made available, a PVG or other safe recruitment checks have been undertaken and a statement of main terms or contract of employment has even been thought about.

   It is more critical than ever, especially with more changes on the horizon as the U.K. leaves the E.U. where much of the employment legislation and regulation is derived from, that people wishing to exercise their right to Option 1 have sufficient, professional support in place.”

Need help:  SPAEN offers a range of independent, practical supports and services for PA Employers or people wishing to use a Direct Payment (Option 1).  Give our Support Services a call on 01698 250280 or drop us an e-mail to info@spaen.co.uk and find out how we can help.