Reform of holiday rights: what employers need to know

Calculating holiday allowances can be tricky for any staff who work irregular hours. In an effort to simplify things, this year the government has introduced changes to the rules on holiday rights as part of reforms to some employment rights that developed from years of European and UK case law. ‘These changes were made following consultation, with the stated aim of simplifying the rules on holiday entitlement and pay,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. ‘They also address the potential unfairness of a Supreme Court decision that gave a term-time worker more holiday when compared to a someone who worked all year round for the same number of hours each year.’ Kalpesh highlights the changes and the importance of complying with the new rules, as well as…

An overview of Flexible Working Arrangements

Flexible working refers to arrangements that allow employees to have greater control over when, where, and how they work. This can include options such as flexitime, remote working, compressed workweeks, job sharing, and part-time work. The aim of flexible working is to support employees in achieving a better work-life balance, increase job satisfaction, and improve productivity. In the case of Wilson v Financial Conduct Authority an employment tribunal considered an employer's rejection of a flexible working request to work entirely from home. The employer's policy was that employees should work in the office 40% of the time.  Currently, an employer must notify an employee of their decision, including the decision on any appeal, within three months from the date of the employee's request (or a longer period if the parties agree). From April 2024, this decision…

Promotions and grading; an employer’s guide to the risks

Giving employees clear pathways and opportunities for promotion and increasing pay grades will help to improve performance and keep staff motivated and committed to your organisation. ‘These, along with fair and consistent practice, should reduce the risks of discrimination and an equal pay claim when promoting staff and rewarding employees with increased pay grades,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. Kalpesh warns that legal risks may arise in promotions and increasing grading and he highlights ways to address these. Discrimination risks Unlike most claims for unfair dismissal, employees do not need two years’ service to bring a discrimination claim. Where conscious or unconscious bias is at play in deciding who to promote, employers may be at risk of a claim for direct discrimination. For example, if the…

Employee, worker or self-employed – are you clear on the difference in status?   

The size of the workforce on your farm is likely to increase and decrease across the seasons, for example when the workload increases for lambing or harvest. Nowadays there is all manner of flexible solutions, but it is important that farmers take care to ensure they are clear about the employment status of each person who works on the farm. HMRC and employment tribunals are red-hot on ensuring that a worker’s employment status is correctly categorised and they will look beyond any contract to see what happens in practice. ‘It is up to you to ensure that you categorise and treat people consistently, so it pays to be au fait with the different worker classifications,’ says Kalpesh Nakeshree, Head of Employment at Ware & Kay and Pearsons & Ward Solicitors in Malton (part of Ware…

Lots of blooming employment laws to Spring into action!  

There has been a recent surge in legislation that employers need to be aware of. Like Spring itself they will soon be upon us! Here are 3 key updates to be mindful of: National Minimum Wage For the first time, the top rate of national minimum wage will apply to workers aged 21 and over from 01 April 2024 (currently it only applies to those aged 23 and over). The new top rate is set to be £11.44 which is an increase of 9.8% from 2023. Employers must ensure that the correct minimum wage payments are made or they will risk claims being made from staff which could result in significant penalties and in some cases, reputational damage. Flexible Working Requests It is anticipated that key changes will include for…

Spring 2024 employment law round up

‘This year is a busy one for employment legislation, after a few quiet years,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘The Government has backed a number of private members’ bills which are now coming into force. In addition to the usual annual increases to statutory rates, there are several important changes that employers need to know about,’ Kalpesh continues. Record keeping under working time regulations From 1 January 2024, the rules requiring employers to record their employees’ daily working hours have been relaxed. Instead, employers need to keep records to show compliance with the Working Time Regulations 1998. Increased flexibility in taking paternity leave Following the birth or adoption of a child, an eligible father or partner can take one or two weeks’ leave. The rules have become more flexible…

New rules for flexible working requests from 6 April

The right to request flexible working has been around for over 20 years, and in that time eligibility to the right has been extended from parents and carers of young children to all employees after 26 weeks in a job. Access to this right is about to widen again with changes coming into force this year. Accompanying the legislative changes is a new draft Acas statutory Code of Practice, subject to parliamentary approval. ‘The right to request flexible working is just that; a right to ask, which employers can refuse based on a statutory business reason,’ explains Kalpesh Nakeshree, Head of the employment law team with Ware & Kay. ‘Having said that, employers do need to follow the statutory process, which is about to be tweaked in the employee’s favour. Perhaps more significant than the penalties…

Are you an FCA/PRA regulated employer?

Navigating employment law disciplinary processes can be complicated at the best of times. Below is an overview of our guidance and key pointers. Dual obligations As well as complying with the ACAS code of conduct for disciplinaries, those employing staff in this regulated sector must also fulfil their notification and reporting obligations to the Financial Conduct Authority (FCA) and/or Prudential regulation Authority (PRA). You will be familiar with the new SM&CR regime which prescribes the interplay between the two minefields. This regime re-iterates the importance of managing a disciplinary process fairly as the consequence of not doing so could fall back on your own management team. All financial services staff (including Senior Managers) are governed by the 6 conduct rules and there are four supplementary Conduct Rules for Senior Managers. All these rules require basic standards…

Big changes for Employers in 2024: New employment laws set for the upcoming year

You’ve heard of New Year, new me, but how about New Year, new employment laws?! There has been a recent surge in legislation that employers need to be aware of in the upcoming year and how it may impact them. Here Kalpesh Nakeshree, Head of Employment law provides 3 key updates to be mindful of: National Minimum Wage For the first time, the top rate of national minimum wage will apply to workers aged 21 and over from 01 April 2024 (currently it only applies to those aged 23 and over). The new top rate is set to be £11.44 which is an increase of 9.8% from 2023. Employers must ensure that the correct minimum wage payments are made or they will risk claims being made from staff which could result in significant…

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs to be nipped in the bud, avoiding bigger problems down the line and reputational risk for the organisation. Employers must comply with the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code), which sets out the basic steps and principles for dealing with a grievance. ‘While this encourages employers to ‘have a quiet word’ or to use mediation where appropriate, investing time and resources in dealing with a grievance can pay off in the longer term,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘An informal approach could backfire as the employee may feel their concerns have not been taken seriously…