Latest Legislation

Employment law is constantly changing and so it’s vital that you are aware of the most up-to-date and current legislation.

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March 2024

Flexible Paternity Leave – fathers and partners of children born or placed (in the case of adoption) from 6th April 2024 will be entitled to split the two weeks of statutory paternity leave. They can be taken as two separate weeklong blocks of leave at any point in the 12 months after the birth or placement. The notice period required has also reduced to 28 days before each intended period of leave, the same period of notice is required for any amendments in date.

February 2024

Amendments have been made to the civil penalties for illegal working in the UK. From 13th February 2024 the penalty will be £45,000 for the first breach and £60,000 for repeated breaches. If you wish to discuss Right to Work checks please do not hesitate to contact us.

January 2024

Reminder that from 6th April 2024 the ‘Carer’s Leave Regulation 2024’ will come into force which allows Employees to apply for 1 week of unpaid carer’s leave in a 12-month period. This day 1 employment right that can be used as consecutive days, non-consecutive days, half days or full-days. The full report can be read here.

December 2023

Advanced notice that the National Minimum Wage will increase from 1st April 2024, as outlined below:

  • £11.44 an hour for workers aged 21 and over;
  • £8.60 for 18 to 20-year-olds;
  • £6.40 for 16-17 year-olds; and
  • £6.40 for Apprentices.

November 2023

The UK Government are currently conducting an inquiry into Statutory Sick Pay. They are looking into the effectiveness of SSP in supporting claimants and if reforms are required in this regard. The Work and Pensions Select Committee are accepting views on this matter until Friday 8th December 2023. https://committees.parliament.uk/work/7991/statutory-sick-pay/

October 2023

From 9am (BST) on Wednesday 4th October 2023 the cost of employing an immigrant worker will increase. The Certificate of Sponsorship assignment fee and Global Business Mobility applications will rise by 20%. Furthermore the cost of visa applications will also rise by 15%. Full information can be found on the Home Office website.

September 2023

On 18th September the Pensions (Extension of Automatic Enrolment) Act 2023 received Royal Assent. Once this law comes into force, the automatic age at which eligible workers must be automatically enrolled into a pension scheme by their employer will decrease from 22 years to 18 years. In due course the Department of Work and Pensions will launch a consultation on implementing the new measures.

August 2023

The High Court has ruled that, from 10th August 2023, the Government’s decision to repeal laws that banned employers from using agency workers to cover for employees who are on strike was unlawful. Organisations thinking of making use of agency workers in the future (to carry out duties of employees taking strike action), will need to make alternative arrangements.

July 2023

ACAS is consulting on an updated statutory Code of Practice on handling requests under the Flexible Working legislation, in anticipation of changes to the flexible work request framework. The Employment Relations (Flexible Working) Bill has cleared its 3rd  reading in the House of Lords and will shortly receive Royal Assent. When it comes into force, it will allow Employees to make 2 flexible work requests (requests to vary working arrangements such as working hours) in any 12 month period. Employers will be under an obligation to respond to a request within 2 months unless an extension is formally agreed.

June 2023

With the Employment (Allocation of Tips) Act 2023 currently awaiting Royal Assent, now is the time to ensure that you have robust policies in place to ensure you do not fall foul of the law once it has been granted.

May 2023

This month the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 reached its final stages with the Bill, having been heard in both the Hours of Commons and House of Lords; this is now at the final stage and awaiting Royal Assent (where the King formally agrees to make the Bill into an Act of Parliament (law)).

April 2023

As advised in November 2022 the National Minimum Wage (NMW) and National Living wage (NLW) saw an increase which came into effect on 1st April. As a reminder the new rates are as follows:

  • From £10.42 an hour for workers aged 23 and over;
  • From £10.18 for those aged 21-22;
  • From £7.49 for 18 to 20-year-olds;
  • From £5.28 for under-18s; and
  • From £5.28 for Apprentices.

From 2nd April 2023 Statutory Maternity and Shared Parental Pay, and Statutory Adoption Pay increases to £172.48 per week for 33 weeks, or 90% of average gross weekly earnings, for eligible employees. Statutory Paternity Pay is paid to eligible employees for either 1 or 2 weeks consecutive leave at the increased rate of £172.48 per week.

From 6th April 2023 we see an increase in Statutory Sick Pay to £109.40 per week for a maximum of 28 weeks for eligible employees and an increase to the maximum award for redundancy payments set at £643.00 per week, capped at a maximum of 20 years service.

March 2023

Until 18th April 2023 the UK Government are consulting on their Draft Code of Practice on dismissal and re-engagement (also known as ‘fire and rehire’), which comes in the aftermath of the P&O Ferries dismissals of circa 800 Employees without consultation last year. Have your say

February 2023

Reminder that due to the Kings coronation on Saturday 6th May 2023 the following Monday, 8th May 2023, has been declared as a Bank Holiday. Depending on the wording of your Contracts of Employment you may be legally obliged to pay for this additional Bank Holiday. Should you not be legally obliged to pay your Employees for this day you can make the decision to as a gesture of good will.

January 2023

As a direct response to the Supreme Court judgement in the Harpur Trust v Brazel case 2022 the UK Government has opened a consultation (12th January – 9th March 2023) regarding ‘calculating holiday entitlement for part-year and irregular hours workers’; you can provide your opinions here.

December 2022

In the coming months we expect to see the passing of two private members Bills; the ‘Carer’s Leave‘ and the ‘Protection from Redundancy (Pregnancy and Family Leave) Bills‘ which are currently progressing through the House of Commons having received Governmental backing. It is anticipated that in the coming months we can also expect news that the Government has backed the ‘Employment Relations (Flexible Working) Bill ‘ and that this too will begin the process through the House of Commons.

November 2022

The National Minimum Wage (NMW) and National Living Wage (NLW) from April 2023 has been announced in the Autumn Budget 2022 and the increases are as follows:

  • From £9.50 to £10.42 an hour for workers aged 23 and over;
  • From £9.18 to £10.18 for those aged 21-22;
  • From £6.83 to £7.49 for 18 to 20-year-olds;
  • From £4.81 to £5.28 for under-18s; and
  • From £4.81 to £5.28 for Apprentices.

October 2022

On the 17th October Chancellor of the Exchequer, Jeremy Hunt, confirmed that the proposed changed to the IR35 responsibility (announced by his predecessor Kwasi Kwarteng on 23rd September) would not be taking place. The responsibility for deciding whether the IR35 tax rules apply to contractors working for them would remain with the employer.

September 2022

Advance noticed that from 1st October 2022 the method in which an employer is required to check an individual’s right to work in the United Kingdom is changing. From this date there will be two types of checks available: a digital check (via an IDSP or the Home Office checking service) or a manual check (in person).

For British and Irish Citizens

  1. For those individuals that hold a valid, current, British or Irish biometric passport or Irish passport card, checks can be carried out digitally via an accredited IDSP.
  2. For holders of out-of-date versions of the above documents, whilst they cannot be used for digital checks, they can still be accepted as evidence of a right to work when checked manually.

For non-British and Irish citizens with eVisas

  1. The right to work status must be confirmed by the Home Office via a right to work share code check

Anyone else

  1. Original documents will need to be seen in person and validated.

From the 1st October 2022, you will no-longer be able to verify any right to work documents remotely over a video call; once all digital ID checks (in-date British/Irish or eVisa) have been carried out, as the employer you must confirm the candidate’s identity either via a video call or in person after the checks, and before employment commences.

August 2022

Due to the current economic situation the UK Government have, at this time, decided not to legislate on employment status; opting instead to provide non-statutory guidance. This guidance was released on the 26th July 2022 in a publication entitled Employment Status and employment rights: guidance for HR professionals, legal professionals and other groups. It is likely that once the economic climate has settled the Government will revisit the legislation process.

July 2022

During the Covid Pandemic we saw changes to the requirements for right-to-work checks, allowing for checks to be carried out remotely instead of the usual face to face. These temporary measures are due to on cease on 30th September 2022, following the previous extension. At this time there is no suggestion that this date will be extended again.

June 2022

Last month the Government announced that MP Matt Warman would be conducting a ‘Future of Work’ review, building upon the commitments they already have in place in response to the Matthew Taylor review conducted on behalf of former Prime Minister, Teresa May. The report is due to be compiled during the Spring / Summer of 2022, although a deadline date has not been provided.

May 2022

The much awaited Queen’s speech, delivered by Prince Charles on 10th May 2022, failed to mention the highly anticipate Employment Bill. At the time of writing, the Bill had received its second reading in the House of Commons (on 6th May 2022), but progress remains slow. Updates will be given as and when available.

April 2022

Reminder that this month we see increases to many Statutory payments as follows:

From 1st April 2022 National Minimum Wage (NMW):

  • From £8.91 to £9.50 an hour for workers aged 23 and over;
  • From £8.36 to £9.18 for those aged 21-22;
  • From £6.56 to £6.83 for 18 to 20-year-olds;
  • From £4.62 to £4.81 for under-18s; and
  • From £4.30 to £4.81 for Apprentices.

From 3rd April 2022 Statutory Maternity and Shared Parental Pay, and Statutory Adoption Pay increases to £156.66 per week for 33 weeks, or 90% of average gross weekly earnings, for eligible employees. Statutory Paternity Pay  is paid to eligible employees for either 1 or 2 weeks consecutive leave at the increased rate of £156.66 per week.

From 6th April 2022 we see an increase to Statutory Sick Pay to £99.35 per week for a maximum of 28 weeks for eligible employees and an increase to the maximum award for redundancy payments set at £544.00 per week, capped at a maximum of 20 years.

Furthermore, until 4th May 2022 small businesses are being asked by the Administrative Burdens Advisory Board (ABAB) their views on the UK tax system. If you would like to share your opinions please click here to be redirected to the HMRC survey page. The results with be published on Gov.UK during summer 2022.

March 2022

With the Queen’s Platinum Jubilee fast approaching, the addition of an extra bank holiday on 3rd June and the late May bank holiday moving to 2nd June, have you considered the implications this will have on your business and employees? Check the wording of your Contracts of Employment to see if your employees are contractually entitled to this additional day, or decide if you will choose to pay them for the extra bank holiday.

February 2022

Advanced notice that from 6th April 2022 the temporary introduction of digital ‘right to work checks’ will cease; meaning that Biometric Residence Permits (BRP), Biometric Residence Cards (BRC) or Frontier Worker Permits (FWP) will no-longer be accepted as proof of an individual’s right to work in the UK. From this date holders of BRP, BRC and FWP will need to evidence their right to work using the Home Office online checking service. For those individuals that hold a valid, current, British or Irish biometric passport or Irish passport card, checks can be carried out digitally via an accredited IDSP; out of date versions of these documents cannot be used for a digital check but can still be accepted as evidence of right to work when checked manually.

January 2022

The Coronavirus Statutory Sick Pay Rebate Scheme has been reopened for qualifying employers and their employees, allowing small business owners to claim back up to 2 weeks SSP. Further information can be found here.

A gentle reminder that frontline health and care workers in England must be fully vaccinated against Covid-19 by 1st April 2022 or face redeployment / dismissal. This means that the cut off date for the first dose is 3rd February 2022.

December 2021

We are awaiting news from the Government as to if they will be publishing amendments to Employment Law in 2022, which if they do will be in the form of an Employment Bill. There are a number of measures awaiting updating that we are hopeful will be implement and confirmed dates provided. We will of course update you once this information is available.

November 2021

Advanced notice that the National Minimum Wage will increase from 1st April 2022, as outlined below:

  • From £8.91 to £9.50 an hour for workers aged 23 and over;
  • From £8.36 to £9.18 for those aged 21-22;
  • From £6.56 to £6.83 for 18 to 20-year-olds;
  • From £4.62 to £4.81 for under-18s; and
  • From £4.30 to £4.81 for Apprentices.

October 2021

At the Conservative Party Conference 2021, held earlier this month, Rishi Sunak Chancellor of the Exchequer announced plans to extend both the Kickstart and JETS employment scheme.

If you are employer looking to benefit from the Kickstart Scheme grant you must apply by 17th December 2021; after this date you will not be able to make an application or add more jobs to an existing grant Agreement. Providing the appropriate application is made before this date, employers can spread the start date of the jobs up to 31st March 2022 whilst still guaranteeing they receive 6 months funding from when the young person starts their employment.  Further information can be found here.

The Job Entry Targeted Support Scheme (JETS) has also been extended until September 2022. The aim of this scheme is to provide tailored support for those people that have been unemployed for three or more months. Those wishing to apply need to do so via their local Jobcentre Plus.

September 2021

Covid-19 – Please be reminded that on 30th September 2021 the Coronavirus Job Retention Scheme (CJRS) ceases.

Flexible Working – After much speculation, the UK Government has launched a consultation on removing the service requirement for making requests to vary working arrangements under flexible working legislation (at the time of writing an employee needs to have been employed for at least 26 weeks). The consultation also proposes:

  • Requiring employers to suggest alternatives if they reject the employee’s request;
  • Allowing the change to be temporary rather than permanent; and
  • Reviewing whether the eight statutory business reasons for refusing a request remain valid.

The consultation closes on 1st December 2021; more information can be found here.

August 2021

On 26th August 2021 the Government updated their guidance for Coronavirus (COVID-19) right to work checks, which replaces their last guidance issued on 18th June 2021.

The following temporary changes were made on 30 March 2020 and will now remain in place until 5 April 2022:

  • checks can currently be carried out over video calls;
  • job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals; and
  • employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

Until Friday 17th September 2021 submissions are being requested by those that can provide evidence to a parliamentary inquiry into how businesses approach menopause in the workplace – further information and how to submit evidence can be found here 

July 2021

From this month the Coronavirus Job Retention Scheme (CJRS – furlough) begins to wind down, in preparation for it ceasing on 30th September 2021. Furlough claims made in July, August and September will see a reduction in Governmental support and increase of Employer contributions as follows:

1st July 2021 to 31st July 2021 – the Government will contribute 70% up to £2,187.50 of the employees’ salary for hours not worked. The employer is expected to contribute the additional 10% ensuring the employee receives 80% of their salary for hours not worked, up to £2500.

1st August 2021 to 30th September – the Government will contribute 60% up to £1,875 of the employees’ salary for hours not worked. The employer is expected to contribute the additional 20% ensuring the employee receives 80% of their salary for hours not worked, up to £2500.

June 2021

Please be aware that the temporary adjustments made by the UK Government for the ‘Right to Work’ checks, due to COVID-19, are due to cease on 20th June 2021 (see below). From Monday 21st June an employer must either check the applicant’s original documents, or check the applicant’s right to work online (if they have been provided with the appropriate share code). Further information can be found here.

Updated 21/06/2021. Updated guidance from the Home Office has advised that the temporary change to digital right to work checks has been extended until the end of August 2021. In person checks are to resume again from 1st September 2021.

May 2021

Do you employ EU Nationals? If the answer is yes now is a good time to remind them that the applications for the EU Settlement Scheme closes on 30th June. Ensure any information is provided generically and not just to individuals that you believe it may apply too.

April 2021

The Coronavirus Job Retentions Scheme (CJRS – Furlough) was due to cease on 30th April. However it has been confirmed that it will remain open until the end of September 2021.

Furthermore, the Government have embarked on a consultation regarding making vaccinations a condition of deployment in older adult care homes. Have your say by clicking here, closing date is 11.45pm on 21st May 2021.

March 2021

Next month the increases to many Statutory payments, come into effect on either 1st, 4th or 6th April as outlined below:

The National Minimum Wage (NMW) Rate is due to increase from 1st April (please note that the age change for the highest rate of NMW);

Aged 23+ currently £8.72 – increases to £8.91
Aged 21 – 22 currently £8.20 – increases to £8.36
Aged 18 – 20 currently £6.45 – increases to £6.56
Aged under 18 currently £4.55 – increases to £4.62
Apprentice rate currently £4.15 – increases to £4.30

From the 4th April the following increases come into effect:
Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay all increase to £151.97 per week.

From 6th April the following increases come into effect:
Maximum award for redundancy payments per week increases to £544.00, capped at a maximum of 20 years.
Statutory Sick Pay increasing to £96.35 per week.

February 2021

If you wish to be involved in the Governmental consultation process for the non-compete clauses in Contracts of Employment you must submit your response by 26th February 2021. https://www.gov.uk/government/consultations/measures-to-reform-post-termination-non-compete-clauses-in-contracts-of-employment

January 2021

From 1st January 2021 the new UK immigration scheme comes into force for all that wish to live and work in the United Kingdom, irrespective of an individualsnationality.

December 2020

On 31st December 2020 the Brexit transition period ceases and the freedom of movement of employees between the UK and EU will cease. From 1st January 2021 the UK will introduce an immigration system; therefore anyone you wish to recruit from outside of the UK, excluding Irish citizens, will need to apply for permission first.

This system is not applicable for EEA or Swiss citizens that you currently employ in the UK. For these individuals, and their family members, living in the UK by 31st December 2020 they can apply to the EU Settlement Scheme and have until 30th June 2021 to do so.

Further information can be find here.

November 2020

Advanced warning that on 31st December 2020 the Brexit transition period ends. Now is the time to ensure you are fully prepared for any changes this may bring to your organisation. The CIPD have a wealth of information that can be found here.

October 2020

On the 31st October the Coronavirus Job Retention Scheme will cease, with the final claims needing to be submitted on or before 30th November 2020. From 1st November, subject to meeting the criteria, the new Job Support Scheme can be used.

September 2020

From 28th September the Health Protection (Coronavirus, Restrictions)(Self-isolation)(England)2020 came into force. This Regulation enable fines of between £1,000 and £10,000 to be imposed on workers and employers who have failed to follow the self-isolation guidelines when they have been officially advised to do so by the NHS test and/or trace system.

August 2020

On 31st July 2020 the Government introduced a new Regulation that ensured, in a redundancy situation, employers were required to calculate statutory redundancy pay based on the employees normal pay rather than their reduced pay if they were or had been receiving the Coronavirus Job Retention Scheme.

July 2020

To help protect jobs, the Government is reducing VAT on hospitality and tourism from 20% to 5%; this will be applicable from 12th July 2020 to 12th January 2021.

June 2020

From 1st July, the Coronavirus Job Retention Scheme is changing to enable employers to bring employees and workers back to work in a flexible manner, whilst still enabling them to claim for the employees normal hours not worked up to the scheme maximum. Until 30th June employees that qualify for the CJRS need to be furloughed for a minimum of 3 consecutive weeks; from 1st July this reduces to 1 week.

The scheme also sees an increase to the employer financial responsibility, whilst ensuring employees receive a minimum of 80% of their normal wage up to a maximum of £2500 per month, until the scheme ceases on 31st October 2020.

Key Date Contribution by the CJRS grant Financial Implication to us as your Employer
August 80 % of wages up to a cap of £2500 • To pay the Employer National Insurance Contributions (NIC’s) and pension contributions
September 70% of wages up to a cap of £2187.50 • To pay the Employer National Insurance Contributions (NIC’s) and pension contributions.

•  Additional 10% of wages to make up 80% in total to a cap of £2500.

October 60% of wages up to a cap of £1875.00 • To pay the Employer National Insurance Contributions (NIC’s) and pension contributions.

• Additional 20% of wages to make up 80% in total to a cap of £2500.

 

May 2020

The Coronavirus Job Retention Scheme (CJRS) has been extended to 31st July in its current form (the Government providing a grant for 80% of a qualifying employees monthly wage up to £2500 per month) and this will then continue for a further three months from 1st August to 31st October, but with Employers being asked to pay a percentage towards the salaries of their furloughed staff – specific details are expected by the end of May.

April 2020

The Government continues to hold businesses accountable if they are not paying their employees the correct National Minimum Wage (NMW). From 6th April they will resume public naming of those businesses not complying and increase the threshold at which this occurs from £100 to £500 in payment arrears; with fines still existing for underpayments of less than £100.

March 2020

Whilst we are finding ourselves in a Global Pandemic do not fall short of your employer responsibility to your employees.

 The National Minimum Wage (NMW) Rate  is due to increase from 1st April 2020;

  • Aged 25+ currently £8.21 increase to £8.72
  • Aged 21 – 24 currently £7.70 increase to £8.20
  • Aged 18 – 20 currently £6.15 increase to £6.45
  • Aged under 18 currently £4.35 increase to £4.55
  • Apprentice rate currently £3.90  increase to £4.15 

From the 6th April 2020 we will see the following:

  • Maximum award for redundancy payments per week to £538, capped at a maximum of 20 years.
  • Statutory Sick Pay increasing to £95.85 per week.
  • Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay all increase to £151.20 per week.

With the outbreak of the Coronavirus Pandemic in the United Kingdom, the Government have implemented many support mechanisms for businesses and their employees. Full details are contained in the Coronavirus Act 2020, which came into force on 25th March 2020.

February 2020

On 6th April 2020 new rules come into force around off-payroll working – commonly known as IR35. Now is the time to ensure you understand and are prepared for how these changes may affect your business. The UK Government have produce useful guidance around this matter https://www.gov.uk/guidance/prepare-for-changes-to-the-off-payroll-working-rules-ir35

January 2020

Jack’s Law, the new Legislation entitling all parents to statutory parental bereavement leave (SPBL) comes into force on 6th April 2020. This will entitle parents who have suffered a stillbirth (from 24th week of pregnancy) or the loss of a child (up to the age of 18 including adoptive parents); two weeks’ statutory parental bereavement leave, and for those with six month’s service will be entitled to statutory pay (SPBP). 

December 2019

It’s been fairly quiet recently, on the employment law front.  The Conservative Government, having won the election earlier this month, have confirmed that they will push forward and ‘get Brexit done’ – this should, in time, lead to new Employment Laws being introduced. Watch this space!”

November 2019

From April 6th 2020 any part of a termination payment over £30,000 will be subject to employer National Insurance Contributions (NIC’s) – the implementation of this  law was delayed from April 2018.

October 2019

Looking forward to 6th April 2020 we expect to see the implementation of the Governments ‘Good Work Plan’ with three areas receiving amendments to current Regulations:

  • Agency Workers (Amendment) Regulations 2019 – to prevent agencies opting out of equalizing the pay of agency staff with the permanent work force after they have worked for the same employer for 12+ weeks.
  • Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 – which includes improving the holiday entitlement for seasonal workers by extending the reference period of an average week’s pay from 12 weeks to 52 weeks.
  • Employment Rights (Miscellaneous Amendments) Regulations 2019, part 3, which extends the right for a statement of ‘written particulars’ (basic employment terms and conditions) to be provided from day one to workers as well as employees.

September 2019

The Government recently carried out a consultation on pregnancy and maternity discrimination; this has resulted in the Government proposing a change to current legislation afforded to an employee at risk of redundancy while on Maternity, Adoption, or Shared Parental Leave with the following extension of rights for:

  • pregnant employees, once they have told their employer of their pregnancy;
  • employees returning from Maternity or Adoption Leave within the previous six months; and
  • parents returning from Shared Parental Leave (although how the limits on this right will operate is still to be worked out).

If it currently not clear if / or when this will be implemented.

August 2019

The health and wellbeing of all employees is vitally important in business; unfortunately, at times an individual’s health is not compatible with the role they were employed for. The Department for Work and Pensions are currently undertaking a consultation into what action the Government and employers can take to reduce ill health-related job loss. The consultation closes on 7th October 2019. Have your say: https://www.gov.uk/government/consultations/health-is-everyones-business-proposals-to-reduce-ill-health-related-job-loss

July 2019

Have your say about proposed changes to Company National Insurance contributions (NICs); the consultation closes on 20th August 2019. If approved the legislation will take effect from 6th April 2020  https://www.gov.uk/government/consultations/draft-legislation-employment-allowance-eligibility-reforms

June 2019

Following the shakeup of data protection within  Europe during 2018, ‘The GDPR’ now incorporated in the UK within the Data Protection Act 2018, it is widely believed by expects in the field that The Information Commissioner’s Office are likely to begin cracking down on breaches and issuing enforcement notices. Now is the time to ensure that your processes are compliant and make urgent changes if they fall short.

May 2019

Employers – did you remember to amend your payroll figures in April to ensure that you are paying a minimum of 3% of your qualifying employees pre-tax salary into their pension, and that they are paying the increased figure of 5%?

April 2019

Parent bereavement leave; whilst it is not due to come into force until April 2020 now is the time to start preparing your business. If you do not have your own bereavement leave policy it is advisable to implement this before next April.
The current proposal will allow bereaved parents, in the 56 weeks following the death of their child, paid leave as either a single two-week period, or as two separate periods of one week each.

March 2019

April is just around the corner and with this we see increases to the Nation Minimum Wage, Pension contributions (both employer and employee) and increased statutory family and sick pay rates. Additionally, as we advised in November, don’t forget that from 6th April 2019 workers, as well as employees, have a right to receive an itemised pay statement.

February 2019

With the Brexit date drawing ever closer, we are due to see the end of free movement within the EU (we think!). Whilst this will not happen straight away, businesses should be aware that employing EU nationals, in the longer term, is likely to be subject to restrictions (as with other non-EEA nationals). Now may be the time to consider reviewing and making any required adjustments to your recruitment processes and recruitment and retention policy.

January 2019

1st January 2019 sees executive pay gap reporting come into force. This Regulation requires UK listed companies with 250+ UK employees to report the pay gap between their average worker and their chief executive and will apply to financial years starting on or after 1st January 2019 with the first reporting starting in 2020.

December 2018

In April 2019 employer NICs on any termination payment over £30,000 is due to become law; this was originally due to come into force in April 2018.

November 2018

Advance notification of Pay Slip changes that come into force on 6th April 2019. From this date a payslip must be given to ‘workers’ as well as employees. Additionally where pay varies due to the hours worked i.e. for those on zero hour or variable hour contracts, the total number of hours work needs to be included in the information provided.

October 2018

Be prepared; from 1st January 2019 companies in the UK with 250 + employees will need to report annually on the pay gap between their chief executive and their average UK worker.

September 2018

The private members Workers (Definition and Rights) Bill is expected to pass to the second stage of Parliamentary procedure in October 2018. The Bill looks to clarify the definition of ‘worker’, following recent case law from the Supreme Court, and place a ban on Zero Hours Contracts unless there is agreement from the individual’s trade union (where the company recognises the union).

August 2018

It was recommended by The House of Commons Business, Energy and Industrial Strategy select committee that from 2020 companies with 50+ employees should also be subject to gender pay gap reporting.

July 2018

An enquiry is being held by the House of Commons Women and Equalities Committee to ascertain how well the Equality Act 2010 is working. The deadline for submissions is 5th October 2018 .

June 2018

Advance warning of changes to the Childcare Voucher salary-sacrifice schemes: from October 2018 no new entrants will be accepted, although the scheme will continue for those registered before this date.   For individuals applying for the new tax-free childcare scheme the following link will assist with any questions: https://www.childcarechoices.gov.uk/

May 2018

General Data Protection Regulation (GDPR) comes into force on Friday 25th May 2018; this has dominated many conversations for some months. However, should you have any outstanding questions or concerns, the Information Commissioner’s Office have a dedicated free phone line for small businesses, telephone: 0303 123 1113 and select option 4 or generic information is available on www.ico.org.uk. This line will continue to be available for a period of time after the 25th May 2018.

April 2018

This month we see an increase to the auto-enrolment pension contributions for both employers and employees. Ensure you make the necessary amendments to payroll and notify your employees.

Date  Employer contribution Employee contribution Total contribution
Until 5 April 2018 1% 1% 2%
6 April 2018 to 5 April 2019 2% 3% 5%
6 April 2019 onwards 3% 5% 8%

March 2018

The National Minimum Wage (Amendment) Regulations 2018 has been presented to Parliament with the following increases to the hourly rate which will take effect from 1st April 2018:

  • Aged 25+ currently £7.50 increase to £7.83
  • Aged 21-24 currently £7.05 increase to £7.38
  • Aged 18-20 currently £5.60 increase to £5.90
  • Aged under 18 currently £4.05 increase to £4.20
  • Apprentice rate currently £3.50 increase to £3.70

We will also see an increase in the accommodation offset; which will rise to £6.40 to £7.00 per day.

From 6th April 2018 we will see the following:

  • Increase to the maximum award for redundancy payments and the unfair dismissal basic award. Currently £489 increasing to £508
  • Increase to the maximum compensatory award for unfair dismissal. Currently £80,541 increasing to £83,682 

February 2018

  • From 31st March 2018 the UK Government will no-longer provide the free ‘Fit for work’ assessment centres in England and Wales (this takes effect from 31st May 2018 in Scotland). As an employer, employee or GP you are still able to access the ‘Fit for work’ helpline, website and web chat service.

January 2018

  • If you would like to have your say on enforcing the gender pay gap regulations the consultation is still open; you have until 2nd February 2018.

December 2017

  • Agreement was reached on Friday 8th December between the UK Government and the European Commission with regards to the rights of EU citizens post Brexit. EU citizens currently living in another EU country will maintain the rights to live, work and study there. Furthermore the European Court of Justice will maintain a role in overseeing their rights until March 2027; eight years after Brexit.

November 2017

  • We urge companies that run their annual leave year from 1st April – 31st March, offering the statutory minimum annual leave of 20 days plus bank holidays, to check the wording in their Contracts of Employment. The Working Time Regulations entitle employees and workers to a minimum of 5.6 weeks’ annual leave (28 days annual leave for a 5-day working week). However, due to the way Easter falls in 2018, straddling March and April, some employees may experience an unanticipated shortfall in their annual leave entitlement. If this is the case, a minor change to the wording can prevent any complications.

October 2017

  • On Friday 30th September 2017 the Criminal Finances Act 2017 came into force. This new law has the facility to hold UK companies criminally accountable (unless they are able to prove that reasonable preventative steps have been taken) if they have not prevented tax avoidance anywhere in the world which has been committed by an ‘associated person’ i.e. an employee, a worker or contractor. Further information regarding the Act can be found via: 2017 No.876 Criminal Law

September 2017

  • Reminder to all businesses with an annual turnover of at least £36million; if your financial year runs from April to March then preparations should be well underway for the publication of your second annual modern slavery statement. Whilst the UK Government has not stipulated a date they do state “ as soon as reasonably practical after the end of each financial year’” and offer a six month time frame in their guidance notes. https://www.gov.uk/government/publications/transparency-in-supply-chains-a-practical-guide

August 2017

  • Reminder to working parents with children aged 3-4 years; from 1st September 2017, the Government is increasing the free childcare scheme to 30 hours per week. The extended free hours apply to families were both parents work, or for single parent families where the parent works. For either group, all parties must earn the equivalent of 16 hours at the National Minimum Wage / National Living Wage rate or earn less than £100k per annum.  For further information, go to https://www.gov.uk/help-with-childcare-costs/free-childcare-and-education-for-2-to-4-year-olds

July 2017

June 2017

  • The responses will be collated and their findings and recommendations presented to the Government for their acceptance or rejection.

May 2017

  • General Data Protection Regulation (GDPR) needs to be a high priority for employers throughout the coming year. Audit checks on how personal data is collected and processed need to meet with the GDPR conditions for employee consent. This is likely to see Employers having to create/amend policies and processes to ensure they are fully compliant with the new governance and record-keeping requirements due to come into force in May 2018.

April 2017

    • 6th April, if an employer’s payroll per annum exceeds £3 million they are required to pay a 0.5% Apprenticeship levy on their total payroll bill. For further information, please look at our April blog
  • Additionally on the 6th April changes to the salary-sacrifice scheme come into effect. Schemes that started before April 2017 will be protected until April 2018, except those relating to cars, accommodation and school fees which are protected until April 2021. The following schemes are currently not affected by the changes: pension savings (including pension advice), childcare, ultra-low emission cars and cycle-to-work.

March 2017

  • Be prepared on the 1st April we will see an increase to both the National Minimum Wage and National Living Wage. The following quick ‘at a glance table will ensure that you are paying your people accurately.
Worker Age

Minimum Hourly Rate

Worker ages 25+

£7.50 per hour

Worker aged 21-24

£7.05 per hour

Worker aged 18-20

£5.60 per hour

Worker aged 16-17

£4.05 per hour

Apprentice aged under 19, or aged over 19 and in their first year of apprenticeship

£3.50 per hour

February 2017

January 2017

December 2016

  • 1st December 2016 saw the implementation of Section 38 of the Immigration Act 2016. This provision allows chief immigration officers to issue an employer with a closure notice for a maximum of 48 hours where they reasonably suspect that illegal foreign workers are being employed and the employer has already committed certain specific offences of illegal working. An application can then be made to the relevant court for an illegal working compliance order which can prohibit or restrict access to the employers premises for a period of 12 months, which can be extended a further 12 months in certain circumstances.

November 2016

  • On 21st November 2016 ss77. to 84 of the Immigration Act 2016 came into force. This legislation will ensure that staff with customer-facing roles in the public sector speak fluent English, and/or Welsh for public authorities in Wales; including (but not limited to): central Government departments; non-departmental public bodies; councils and other local government bodies; NHS bodies; state-funded schools;the police and the armed forces; and public corporations.
  • At this time, providers of public services employed in the voluntary-sector and private-sector do not have to apply the language requirements.                                                                                                
  • The 24th November saw the start of a phased salary increase for tier 2 sponsored migrant workers on the points-based immigration system. From this date the increase will be to £25,000 with a second rise in April 2017 to £30,000. This change does not currently affect nurses, radiographers, paramedics or secondary school teachers of mathematics, chemistry, physics, computer science and Mandarin who are exempt until July 2019.
  • The minimum threshold for new entrants remains unchanged at £20,800.

October 2016

  • 1st October 2016 saw a change in minimum hourly rates for workers 24 years and under; including Apprentices aged under 19. The following quick glance table will ensure that you are paying accurately.
  • The National Minimum Wage rate for those aged 25 and over remains the same at £7.20 p.h.
Worker Age

Minimum Hourly Rate

Worker aged 21-24

£6.95 per hour

(from 01.10.16)

Worker aged 18-20

£5.55 per hour

(from 01.10.16)

Worker aged 16-17

£4.00 per hour

(from 01.10.16)

Apprentice aged under 19, or aged over 19 and in their first year of apprenticeship

£3.40 per hour

(from 01.10.16)

September 2016

  • 7th September 2016 the new whistleblowing rules come into force within the financial sector. This applies to banks and building societies and some insurance and investment companies.

August 2016

July 2016

  • The Immigration Act 2016 came into force on 12th July and introduces a range of measures to crack down on businesses that employ migrants illegally. The Act makes a number of changes to the criminal offence of employing illegal workers. The Act introduces tougher sanctions on employers, increasing the maximum custodial sentence on indictment from 2, to 5 years. It also introduces a completely new power to close premises for up to 48 hours where a business employs illegal migrants.  The Act will also make it easier to prosecute employers who deliberately turn a blind eye to employing illegal workers. The existing criminal offence of ‘knowingly employing an illegal migrant’ will be extended to apply when an employer knows or has ‘reasonable cause to believe’ that a person is an illegal worker. The Immigration Act also makes illegal working a criminal offence in its own right, with a maximum custodial sentence of 6 months and/or a fine. Wages paid to the illegal worker can be seized as the proceeds of crime. A Government factsheet is available at: https://www.gov.uk/government/collections/immigration-bill-2015-16

June 2016

  • The Psychoactive Substance Act 2016 came into force on 26th May. This new legislation targets substances that are commonly referred to as ‘legal highs’ and generally have 3 main effects – as stimulants, sedatives or hallucinogens. Whilst screening for their use is difficult, it is recommend that employers look at the mind-altering affects they cause rather than the drugs themselves, such as an employee’s behaviour or ability to work. Check that your policies include ‘substances’ and update accordingly to ensure your Disciplinary procedures cover this relatively new phenomenal.

May 2016

  • Employers with 250 or more employees in the private and voluntary sectors must publish an annual report with details of their gender pay and bonus gap, with the first report to be published by 30th April 2018. It is not unreasonable to assume that suppliers to such companies, regardless of their size, may be asked to provide similar reports.
  • The gender pay gap information must include the mean difference in bonus payments between men and women. The information on bonus payments must be based only on data for those employees who receive bonus pay during the 12 months to 30th April in each year. The first gender bonus pay report must be calculated using pay information for the 12 months from 1st May 2016. 

April 2016

  • From 1st April, the new ‘National Living Wage’ of £7.20 per hour was introduced for workers aged 25 and over. It becomes the new compulsory top rate for the National Minimum Wage (NMW).
  • The NMW rates for other workers remain unchanged until 1st October 2016, when it has been announced the rates will be:
Category of worker

Current NMW hourly rate

NMW Rate from 1st October 2016

Worker aged 25+

£7.20

£7.20

Worker aged 21-24

£6.70

£6.95

Development rate for worker aged 18-20

£5.30

£5.55

Rate for worker aged 16-17

£3.87

£4.00

Apprentice in 1st year of their apprenticeship

£3.30

£3.40

  • The Government announced that in future the National Living Wage and National Minimum Wage rates will be increased together, starting April 2017.
  • From 1st April 2016, the penalty for employers found not to have paid the National Minimum Wage doubled, to 200% of the total underpayment (for pay reference periods that began before 1st April 2016, the penalty is 100%). There is a minimum payment of £100 and a maximum payment of £20,000; note that the maximum payment applies for each worker who has been underpaid.
  • Statutory Maternity, Paternity, Shared Parental and Adoption Pay remained frozen at £139.58 per week.
  • Statutory Sick Pay also remained frozen, at £88.45 per week.
  • From 6th April, employers no longer needed to pay employer national insurance contributions for apprentices aged under 25.
  • From 6th April, employer-sponsored skilled foreign workers coming to the UK under tier 2 of the immigration points system are required to earn a minimum salary of £35,000.
  • From 6th April, Tribunal Enforcement Officers can impose a financial penalty on employers that fail to pay a Tribunal award or ACAS settlement sum. The penalty will be 50% of the unpaid award, subject to minimum and maximum amounts and a reduction for prompt payment.

March 2016

      • From 31st March, larger companies with a total turnover of at least £36 million per year and whose financial year ended on or after 31st March 2016, have to comply with the duty to publish a ‘slavery and human trafficking’ statement for that financial year. It seems inevitable that the obligation to publish anti-slavery and trafficking statements will filter down to smaller companies who provide goods or services to these larger companies.

January 2016

      • The ‘Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015’ went live on 11th January 2016. These provide protection for workers on Zero Hours Contracts, giving them protection from detriment and dismissal (irrespective of their age or length of service) for breaching an exclusivity clause in their Contract of Employment (by doing work or performing services under another Contract or other arrangement). From this date, they therefore became able to bring a complaint to an Employment Tribunal for compensation if they are subjected to a detriment or are dismissed.

October 2015

      • National Minimum Wage increases from £6.50 to £6.70 for workers aged 21 and over; from £5.13 to £5.30 for workers aged 18 to 20; from £3.79 to £3.87 for workers aged 16 to 17; and from £2.73 to £3.30 for Apprentices.

September 2015

      • Enterprise Bill protects the term ‘apprentice’ by (amongst other things) making it a criminal offence to offer an apprenticeship course or training if it is not a statutory apprenticeship.

August 2015

      • Online driving licence checking code is now valid for 21 days instead of 72 hours.

July 2015

        • The Government announced that a new compulsory Living Wage of £7.20 per hour will be introduced next April for all working people aged 25 and over.
        • New regulation came into effect to prevent claims of arrears of holiday pay going back more than 2 years.
      • Fit for Work haven’t to inform when the service will be rolled out in Bedfordshire.

June 2015

      • All young people in England will be required to continue in education or training until the age of 18.

May 2015

      • Exclusivity clauses in Zero Hours Contracts were banned from 26th May.
      • Employers who underpay the National Minimum Wage will face a maximum penalty of £20,000, on a per worker basis rather than per notice.

April 2015

        • Statutory Maternity, Paternity, Shared Parental and Adoption Pay all increased from £138.18 to £139.58 on 6th April.
        • Statutory sick pay increased from £87.55 to £88.45 on 6th April.
        • Employment Tribunal awards limits rose as the maximum compensatory award increased from £76,574 to £78,335 and, the limit on a ‘week’s pay‘ increased from £464 to £475 from 6th April.
      • The right to Unpaid Ordinary Parental Leave was extended to parents of any child under the age of 18 from 5th April.

March 2015 

      • New drug-driving law introduced in England and Wales aims to catch those who drive under the influence of drugs.

January 2015 

        • Employment agencies and businesses in GB are banned from advertising jobs exclusively in other European Economic Area countries without advertising them at home.
        • Government announced that it will implement improvements (in stages, from 6th April) to the CIS for taxation.
      • ECJ ruled obesity as a disability under certain circumstances.

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If you’re not 100% sure you know the full facts about employment legislation and the changes we are facing, contact us now. Whatever your business, whatever your concerns, we offer no-nonsense advice and practical support to ensure you comply fully with all relevant legislation. No fuss. No worry. No costly mistakes.