Childcare Counsel - section 1 statements, recording disciplinaries

Q I understand the written terms that must be provided to staff are to change…

A The minimum written terms that must be provided to workers and employees in England and Wales, ‘a written statement of particulars’ or a ‘section 1 statement’, are changing.

Previously, the requirement to provide a section 1 statement applied to employees only. From April 2020, this requirement is extended to workers (i.e. individuals who work for the company but don’t have full employment status) who are engaged on or after 6 April 2020. However, current employees and workers will be able to request a section 1 statement after this date, which must be complied with within one month.

Information which must currently be provided includes basic details of the terms on which an employee is employed. From April 2020, this will be extended to details of working pattern and if hours or days may be variable; entitlement to paid leave; any probationary period and its length; and any training entitlement provided by the employer, including whether any training is mandatory and/or must be paid for by the employee or worker.

Q We recently conducted a disciplinary hearing with an employee over misconduct. It has now transpired that the employee covertly recorded that hearing. Does that amount to further misconduct?

A It may be considered to amount to misconduct for an employee to covertly record a meeting at work, including a disciplinary hearing. However, it will be difficult for an employer to fairly take disciplinary action unless it was made clear that the conduct is not permitted.

If employers consider covertly recording a meeting as misconduct (or gross misconduct), this must be communicated expressly to staff. In any case, it is good practice for employers and employees to notify an intention to record any internal meeting.

Send your questions to hannah.crown@markallengroup.com