The Exclusivity Terms In Zero Hours Contract (redress) Regulations 2015

EMLOYMENT LAW UPDATE - FEBRUARY 2016 These regulations came into force on 11th January 2016. S27A(3) of the Employment Rights Act 1996 provides that a provision in a zero hours contract which prohibits the worker from doing work under any other arrangement is unenforceable. In other words the employee cannot be prevented from doing other work for other employers. If an employee is dismissed for taking on other work that dismissal will be automatically unfair. Even if the employee is not dismissed but is subjected to a "detriment" (e.g.  being denied work that would otherwise have been allocated to them), that detrimental treatment is unlawful. There is no qualifying period of employment before an employee is protected, so this is another exception to the "2 year rule" which applies to "ordinary" unfair dismissal and protects…

Whistleblowing What Constitutes The Public Interest

Since the qualifying period for claiming unfair dismissal was raised to 2 years, dismissed employees without the 2 year qualifying period will only be able to make claims if they can show that their dismissal was for a reason which is covered by a category deemed to be automatically unfair and does not require a qualifying period of employment. One of these categories is dismissal for making a "protected disclosure." The law is specific on what counts as a qualifying disclosure and to whom the employee must report it to. 1.    It must be a disclosure of "information" (an opinion alone is not enough) 2.    It must normally be made to the employer (although there are exceptions) 3.    It must in the reasonable belief of the worker "tend to show" either that:- (a)  a criminal…

The National Minimum Wage

Changes to the National Minimum Wage from 1st October 2015: £6.70 for those 21 years and over; £5.30 for those aged 18-20 years; £3.87 for those above school leaving age but under 18; £3.30 for apprentices. National Living Wage In April 2016 the "National Living Wage" will be introduced. For workers age 25 or over the national Living Wage will become a new legal minimum for workers aged 25 or over and will be set at £7.20 per hour. The government has published a policy paper explaining this at www.gov.uk/government/publications/national-living-wage-nlw/national-living-wage-nlw Comprehensive Information & Guidance on the NMW HMRC has published an extremely comprehensive collection of guidance, forms and case studies with information for employers on how to check that they are paying their employees the national minimum wage correctly. www.hmrc.gov.uk/manuals/nmwmanual/index.htm The application of…

October 2015 Employment Law Update

A round-up of the main employment law changes coming into effect from autumn 2015. Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby, outlines the main changes and the action you need to take as a result. National minimum wage rises The minimum wage is reviewed every year and traditionally it has been increased on 1 October.  This year is no exception.  The new hourly rates are: adult rate (21+): £6.70 development rate (18-20): £5.30 young workers rate (16-17): £3.87 apprenticeship rate: £3.30.   The accommodation offset limit has risen to £5.35 per day.  The government's new national living wage is due to take effect from next April.  This will add a premium of 50p to the minimum wage for those over 25 so that the rate for those…

Taking On An Apprentice

The government claims to have doubled the number of apprenticeships since 2010 and recent figures reveal there are now 440,000 apprenticeships a year. Of those starting in the 2013/14 academic year, 53 per cent were female and 47 per cent were male. The majority of people chose apprenticeships in the service sectors and almost three quarters of new starts were in three sectors: business, healthcare and retail. There are currently 170 different apprenticeships available in 13 sectors. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York, Wetherby & Malton , explains the rules if you already employ apprentices or if you are thinking about recruiting one. An apprenticeship is a work-based training programme that leads to a nationally recognised qualification.  It can be for a fixed term or until a certain level…

Employment News Blog 2015

National Minimum Wage Increases from 1st October 2015 The national minimum wage hourly rate increases from 1 October are: Adults: £6.50 to £6.70 Young workers: £3.79 to £3.87 Apprentices: £2.73 to £3.30.   The majority of workers aged 16 and over qualify to receive the national minimum wage. Exclusions from the right include au pairs, family members in the family business and voluntary workers. If you have any questions please contact our Employment Law Solicitor Gillian Reid on: 01904 716050 or Gillian.Reid@warekay.co.uk NEW: Quarterly tribunal statistics to June 2015 published The Ministry of Justice has published statistics in relation to all types of tribunal claims (including employment tribunals) for April to June 2015. The figures continue to show a decrease in the number of claims as compared to last year, including…

How To Calculate Holiday Pay

We all look forward to our holidays, whether it is for travel or to spend time with friends and family.  But the subject of holiday pay has been causing concern recently since a number of cases in relation to the calculation of holiday pay have increased employees' rights.  Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton sets out what you need to know and what you should be doing as an employer to ensure that you stay on the right side of the law. The Working Time Regulations The right to paid holiday is set out in the Working Time Regulations and, despite the fact that the regulations have been in force for more than 16 years, there are still grey areas.  The law in this area continues to…

Shared Parental Leave For New Parents

Members of staff announcing that they are soon to be parents will be entitled to take shared parental leave. This applies to pregnancies with a due date on or after 5 April 2015. Under this new right, expectant parents will be able to choose how they share time off work for the first year of their child's life so that they can both retain a link to their workplace.  Gillian Reid, employment law expert at Ware & Kay Solicitors in York & Wetherby, explains how the new right will work in practice. The new legislation will allow a woman to return to work early and share the remainder of her leave and pay with her partner, if she wishes. The current entitlement to 52 weeks' maternity pay and 39 weeks' maternity pay will remain the…

Employment Law May 2015

In this article, we provide updates to figures which took effect from 5th April, provide an update on the recent holiday pay case and set out major changes to Parental rights, the principal one being the introduction of Shared Parental Leave. Annual Updates which took effect on 6th April 2015 Parental payments Type of payment Rate Maximum period Statutory Maternity Pay (Higher rate) 90% of weekly earnings 6 weeks Statutory Maternity Pay (basic rate) £139.58 per week (or 90% of earnings if lower) 33 weeks Maternity allowance £139.58  per week (or 90% of earnings if lower) 39 weeks Statutory paternity pay £139.58 …

Key Changes In Employment Law

Some significant changes to employment law started in April this year, mainly in the area of family leave.  The headline news is the introduction of shared parental leave but various other changes will also take effect. Gillian Reid our Head of Employment at Ware & Kay, looks at the main changes and what you need to do as a result. Shared parental leave A flexible system of shared parental leave and pay will be available where the expected week of childbirth started on or after 5 April 2015.  The mother must still take the first two weeks off after the birth but the rest of her leave and pay can then be shared between the parents, either in turns or at the same time.  This means that up to 50 weeks' leave and 37 weeks…