Parental Bereavement Leave

From 6th April 2020 an employee who loses a child under the age of 18, or suffers a stillbirth after 24 weeks of pregnancy, will be entitled to two weeks’ paid statutory leave to be taken in one block or as two separate blocks of a week. Employees must have at least 26 weeks’ service and meet minimum earnings criteria to be eligible. Statutory parental bereavement pay will be paid at the same rate as statutory paternity pay, i.e. £151.20 per week (from April 2020) or 90% of weekly earnings if lower. For more information, please contact our employment law team on 01904 716000 (York)  01653 692247 (Malton), 01937 583210 (Wetherby), or fill out our online enquiry form.

Quarter of minimum wage workers underpaid

According to a study by the Resolution Foundation, more than a quarter of workers aged 15 and over are not being paid the National Minimum Wage (NMW). The NMW is the least a worker can be paid per hour by law. Employers who fail to pay the NMW can face fines of 200% of the wage arrears and potentially also criminal prosecution. From April 2020 the NMW will increase to £8.72 for workers aged 25 and over (up from £8.21). Increases for younger workers from April 2020 will be: 21-24 years old: £8.20 (up from £7.70) 18-20 years old: £6.45 (up from £6.15) Under-18: £4.55 (up from £4.35) Apprentice: £4.15 (up from £3.90) Contact our Employment Law Solicitors in York, Wetherby and Malton To find out more about our Employment Law services and how…

Employee wellbeing: your responsibilities as an employer

Bowls of fresh fruit and mindfulness sessions are becoming increasingly common in the workplace as employers try to promote the wellbeing of their staff. A successful wellbeing strategy can improve employee attendance and  retention, as well as productivity.  It can also help shield you from compensation claims brought by employees for stress-related conditions which may be exacerbated by their work. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby sets out an employer’s legal obligations for employee wellbeing and suggests initiatives for you to adopt. Stress at work Employers are under an obligation to protect their employees from the risk of injury while at work, including the risk of injury to their mental health caused by the development of depression and anxiety as a result of work-related stress.  Where it can be…

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if…

Changes in employment law and Brexit

Brexit has dominated the agenda and so, when it comes to introducing new employment law, April 2019 is unusually quiet compared to previous years. However, as Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, the government has found time for a few changes. Gill also outlines the anticipated effect of Brexit on UK employment law and the implications for EU workers in the UK. April 2019 changes Employers need to be ready for changes which are expected to come into effect from the following dates: 1 April 2019 increase in the national living wage for workers aged 25 and over from £7.83 to £8.21 per hour; increase in the national minimum wage for workers aged at least 21 but under 25 from £7.38 to £7.70 per hour; increase in…

Looking Ahead Brexit And October`s Changes To Employment Law

With only months to go until the UK leaves the EU, businesses and individuals are trying to plan for Brexit amidst uncertainty. Gillian Reid, employment law expert with Ware & Kay Solicitors in York, Wetherby & Malton , looks at what we know about the likely affect of Brexit on UK employment law and the rights of EU workers, both in the event of a deal and a no deal exit. Gill also highlights a couple of changes in employment rights for October. How will Brexit affect employment law? The UK's membership of the EU has significantly shaped employment law in the UK, much of which is based on EU law. In the time immediately after Brexit, it is unlikely there will be any changes to employment law. Unless the EU and the UK agree…

Equal Pay For Equal Work

With reports about differences in pay between high profile men and women seemingly in the news on a daily basis at the moment, there cannot be many people in the UK who have not wondered how their pay compares to colleagues of the opposite sex. In this article, Gillian Reid, employment law expert with Ware & Kay in York, Wetherby & Malton , explains the rules on equal pay and what you, as an employer, can do to ensure you comply with them. The law in a nutshell Under the Equal Pay Act 2010, it is illegal to pay men and women in the same organisation different amounts for doing equal work, unless there is a justification for doing so. To be classed as equal work, the work being compared must be: the same…

Employer`s Guide To Self Employed Status Following The Supreme Court Decision In Pimlico Plumbers

If you use self-employed contractors to deliver services for your business, then you need to familiarise yourself with the Supreme Court's decision in the Pimlico Plumbers case. In a stark warning to employers to get their contracts in order, and to ensure they reflect the reality of agreed working arrangements, the court ruled that a plumber who had been labelled as a self-employment contractor with no employment law rights was in fact a 'worker' with entitlement to a range of benefits, including paid annual leave and the right not to be discriminated against. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton explains the reasoning behind the decision and its implications for employers. Worker status - what the court decided To be a worker under employment legislation, the plumber needed…

Reprieve For Care Sector After Verdict On Workers Who Sleep In

The financial pressures on the care sector are never out of the news for long. However, employers providing round-the-clock supervision or care to the elderly and infirm, vulnerable adults and young people are breathing a sigh of relief following a recent judgment on entitlement to the national minimum wage. Gillian Reid, employment law expert with Ware & Kay Solicitors in York, Wetherby & Malton , explains that most workers who sleep during a 'sleep-in' shift are not entitled to the national minimum wage while asleep. Why is this significant? Employers in the care sector may need staff such as nurses and care assistants at night to be awake and active on the job as if it were a day shift.  This is known as working a 'waking night'.  Depending on the staffing requirements, employers may…

Top Tips For Employee References

References are a delicate area for employers; you want to be helpful to staff by providing references for them but you do not want to be held liable if you get it wrong.  Gillian Reid, employment law solicitor at Ware & Kay in York, Wetherby & Malton clarifies whether you have to give a reference, your liability as an employer, what you can and cannot say and what to do when requesting a reference. Do you have to provide a reference? There is no legal obligation to provide a reference unless an employee's contract of employment states that they are entitled to one or the employee is employed in a regulated industry, such as the financial services sector.  You can refuse, but a refusal could be seen as discrimination if you normally give references and…