The government has published The Good Work Plan April 2020, which is designed to implement the proposals of employment reforms which are due to come into effect in April 2020. The primary purpose is to ensure that individuals have better access to, and a better understanding of, their employment relationships. Statement of Written Particulars There will be a new requirement for you, as employers, to provide a more comprehensive statement of written particulars or contract of employment. You will also have to provide these statements to workers and not just employees. In addition, the new statement must cover more terms and must be issued on the first day of employment, unlike currently, you have 8 weeks to issue your contracts. HMRC Clamping Down The Good Work Plan has also made a commitment to further align the tribunal assessment of employment status with HMRC’s. Currently there are three categories of employment status in the tribunal forum: employee, worker and self-employed, while as far as HMRC is currently concerned there are only two, as it does not recognise ‘worker’ status. This can at times cause confusion for both the company and the individual. Tribunal Claims There will be an introduction of sanctions […]
We have been asked in the past who should pay National Minimum Wage? The answer, quite simply is everyone. Some employers think they are above the law when deciding what they will pay their employees. The National Minimum Wage applies to every employee in the UK regardless of the number of hours they do, what work they perform or even what age or nationality they are. Employees may make a claim against their employer any time with the tribunal service if they believe they are being underpaid the national standards. Those employers who have been questioned and fined by HMRC have come up with some great excuses, here are just a few: Unbelievable Excuses why Employers do not pay National Minimum Wage. The employee wasn’t a good worker so they didn’t deserve to be paid the National Minimum Wage. Offer a performance review meeting, do some training or discipline the employee for poor performance. Don’t under pay them. It’s part of UK culture not to pay young workers for the first three months as they have to prove themselves. No it is not. Although younger workers (under 25) are given a lower wage band, employers still have to adhere these […]
As an employer you may have looked at monitoring staff at work for various reasons. The Data Protection Act doesn’t prevent employers from monitoring workers, but you must remember that workers are entitled to some privacy at work. You must tell your employees about any monitoring arrangements and the reason for it. Why Monitor? It is advisable to have written policies and procedures in place regarding monitoring at work. Monitoring shouldn’t be excessive and should be justified. Staff should be told what information will be recorded and how long it will be kept. However, if you want to monitor workers by collecting or using information, the Data Protection Act will apply. Therefore, Any information collected through monitoring should be kept secure. Monitoring staff at work may be needed for a variety of reasons. It can be used to safeguard employees, for example to ensure workers aren’t at risk from unsafe working practices. In some sectors you may have a legal or regulatory need to carry out some monitoring. The information gathered through monitoring should only be used for the purpose it was carried out for. Unless it leads to the discovery of other things such as a breach of health […]
Don’t fall into the trap of thinking that all unfair dismissal claims need two years’ continuous employment. Certain cases need no qualifying period of employment. These are called automatically unfair reasons for dismissal. To date there are many reasons for automatically unfair reasons for dismissal. Because the employee was, or proposed to become, a member of an independent trade union. Or because the employee refused to become, or to remain, a member of an independent trade union. Where the employee was dismissed for having taken, or having proposed to take part in the activities of an independent trade union. Whether it is outside working hours or within working hours, if permitted by the employer Because the employee participated in official industrial action in certain circumstances As a result of pressure from a trade union, by way of the threat of industrial action A reason connected with the performance by an employee representative, or a candidate in an election for representatives. Or of their function as such an employee representative or candidate, on a transfer of an undertaking (TUPE). Or where the employer proposed to make collective redundancies For a reason related to the employer contravening the rules prohibiting the compilation, use, sale or […]
October marks annual governmental revisions and updates to employment law. This HR Fact Sheet highlights the pick of this autumn’s changes. 1. MODERN SLAVERY STATEMENTS Slavery is NOT a thing of the past. Slavery is real and exists today. However, forced or compulsory labour, servitude and human trafficking are all what constitutes slavery today. Companies with an annual turnover of £36m plus have now (from this October) to publish a MODERN SLAVERY STATEMENT. Whilst government guidelines are promised (in line with the Modern Slavery Act, 2015), the statement can be prepared now. It should contain ways in which the company actively prevents modern slavery from occurring in their business. Especially, including the whole supply chain in which they commercially exist. 2. SIKH SAFETY HELMET EXEMPTION Turban-wearing Sikhs are now (from October 1st 2015) exempt from wearing safety headwear AT ALL WORKPLACES. Because the exemption has been extended from construction sites to places such as warehouses, factories, transportation, etc. Emergency response workers and armed forces will still be required to wear head protection. 3. MINIMUM WAGE INCREASE As from October 1st 2015, the national minimum wage hourly rate has been increased from £6.50 to £6.70 for adults, as well as similar increases for young workers […]
