The Good Work Plan – how roofing contractors will be impacted

The Good Work Plan – how roofing contractors will be impacted

‘…the biggest shake-up of employment law in a generation.’

The government is currently rolling out an extensive programme of employment law reforms known as the Good Work Plan, many of which will come into effect on April 6 2020. These changes have come about in response to the huge growth in self-employed arrangements and the use of casual working.

The aim of the reforms is not to restrict flexibility, which is still recognised as being essential for businesses – especially for roofing contractors and those in construction. Rather, they aim to make it easier for individuals to understand and enforce their rights and provide much greater clarity on the terms of engagement.

CORC partner and member benefit provider, Citation, undertook some research about the Good Work Plan. They found that one-third of employers are still unaware of the Good Work Plan, some are incorrectly calculating holiday pay, and many are not prepared for the changes.

CORC encourages members to take the time to read about these changes and contact Citation should they have any questions.

What do roofing contractors need to know?

A key focus area of the Good Work Plan is addressing rights for workers without fixed hours and those working without employee status.

By introducing state enforcement of these rights for ‘vulnerable workers’ (yet to be defined), the reforms aim to improve the enforcement of employment rights such as holiday entitlement and pay. Following a series of court decisions on commission payments and overtime, holiday pay calculations (specifically what should be included) have changed in recent years.

The Good Work Plan also aims to improve clarity in terms of workers who have a more casual relationship with the business, as well as employees. It will extend the right to a statutory statement of main terms to all workers, requiring this to be made available by the first day of work, as well as introducing a list of additional information which must be provided.

A significant change is that some workers will have the right to request a stable contract. This will not be mandatory, in recognition that some workers are happy to work varied hours each week, but those would like more certainty will be able to request a fixed working pattern from their employer.

Though there is currently no implementation date for this, this change was a prominent feature in the new Employment Bill announced in the Queen’s Speech.

Defining employment status

Essentially, the key challenge for businesses at the heart of these reforms is that of correctly defining employment status, as this governs employment rights.

For example, roofing contractors may find that individuals who start working for them on a casual basis may, through regular use, have become integrated with the business to such an extent that they would be classed as employees or workers, entitling them to additional rights.

Though there is no sign of this on the horizon, the government has conceded that this is an area of unacceptable uncertainty and has promised legislation to clarify this.

Given the complexity of the topic, those wanting to know more should download the white paper produced by Citation. It clarifies all the significant changes and what they mean for both employers and employees.

How the Good Work Plan will impact SMAS Worksafe Accreditation

SMAS Worksafe Accreditation assesses to SSIP core criteria, requiring evidence on how organisations have arrangements in place when appointing labour workers. With so many companies having a large labour workforce and only employing less than five employees, they were being assessed as an under-five organisation negating certain questions, as they would not need a written process.

At the start of 2020, SMAS Worksafe implemented a change which ensured that all employees and labour are equated together, to negate the under-five option and protect all workers. The change was implemented to support and guide SMAS members and other workers not employed as an employee. Members must ensure they have a robust system in place to protect all personnel by implementing workers within their management system during the assessment process.

With the update criteria set by the SSIP in December 2019, all registered and certificating SSIP members who certify organisation must implement the change to their prequalification questionnaire. Companies going for an SSIP assessment must now fulfil the following:

“For those organisations that directly employ under 5 personnel but outsource scoped activities to labour-only subcontractors and/or temporary workers then these organisations shall be expected to provide full documented evidence to meet SSIP Core Criteria requirements. These types of organisations shall not be classed as under 5 for the SSIP Portal data.“ (SSIP, 2019)

Got any questions about how you’ll be affected?

For further clarification on any of the above or to ask any questions, call all Citation’s friendly team on 0345 844 1111, or get in touch here – just mention you’re enquiring through CORC.

You can also visit citation.co.uk/good-work-plan for guidance on The Good Work Plan and how it will affect your business.

Your CORC member benefit – Citation’s HR & Employment Law support

With complex legislation change on the horizon, there’s never been a better time to consider getting the complete backing of HR experts.

CORC members are entitled to preferential rates on Citation’s HR & Employment Law support, including:

• A dedicated local consultant
• 24-hour expert advice line
• Full legal documentation, including staff handbooks and contracts of employment
• Access to Atlas, your one-stop-shop HR management tool.

You can also make your company stands out by holding a SMAS Worksafe SSIP certificate, giving you visible to hundreds of organisations looking to source their supply chain.

To find out more or book a free consultation, please get in touch by calling 0345 844 1111 or leaving your details here – just mention you’re enquiring through the CORC to claim your member benefit.