# The Employment Rights (Miscellaneous Amendments) Regulations 2019, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations:
increase the maximum level of penalty available from £5,000 to £20,000 for aggravated breach of a worker’s employment rights under section 12A of the Employment Tribunals Act 1996 (c.17) (part 2);
confer the right to a written statement of particulars of employment and associated enforcement provisions upon all workers (currently this right applies only to employees) by amending Part 1 of the Employment Rights Act 1996 (c.18) (parts 3 and 5);
lower the percentage required for a valid employee request for the employer to negotiate an agreement on informing and consulting its employees. The threshold is lowered from 10% to 2% of the total number of employees employed by the employer. This is achieved by amending the Information and Consultation of Employees Regulations 2004 (“the 2004 Regulations”). The 2004 Regulations impose obligations in respect of information and consultation on an employer with at least 50 employees if a sufficient percentage of its employees submit a valid request (part 4).
In relation to the amendments increasing the maximum level of penalty available for an aggravated breach under section 12A of the Employment Tribunals Act 1996, a full impact assessment has not been produced as no, or no significant, impact on the private, voluntary or public sector is foreseen.
In relation to the amendments conferring the right to written particulars of employment and associated enforcement provisions to all workers in Part 1 of the Employment Rights Act 1996, a full regulatory impact assessment of the effect that the amendments will have on the cost of business and the voluntary sector is available from the Labour Market Directorate, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H OET, and is available alongside the Explanatory Memorandum which is also available alongside the instrument on the www.legislation.gov.uk.
In relation to the amendment reducing the threshold in relation to requests to negotiate information and consultation arrangements under the 2004 Regulations, an impact assessment has not been prepared as no significant impact on individuals or businesses is foreseen.

---
Source: https://www.legislation.gov.uk/ukdsi/2019/9780111177457/note (the official version)
Page: https://openlegislation.uk/draft-employment-rights-miscellaneous-amendments-regulations-2019/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.