Statutory qualifying periods & rates July 2014

Employment Facts and Stats  Statutory employment law qualifying periods & rates   So many employment facts and laws for employers to remember.  And, it is sometimes hard to know where to go for trusted information you can rely on. These are the legally required, qualifying employment periods an employee needs to have the right to take their claim against you to a tribunal or qualify for redundancy pay. It also gives the time limit for an employee to take any claim to a tribunal after their employment has been terminated.  And finally, the statutory compensation limits for each.   Compensation limits Qualifying … Read More

National Minimum Wage 2014

Employment Facts and Stats  National Minimum Wage  Summer 2014   The National Minimum Wage (NMW) rate is dependent on age and whether your employee is an apprentice. To qualify for the National Minimum Wage a person must be school leaving age. Please note that whether a person is considered school leaving age or not will be dependent on exactly when in the year they were born. It is always best to check. The NMW is usually updated every October. The rates below were updated in October 2013 and currently apply. The rates will however increase in October 2014, for example … Read More

Employee Statutory payments 2014

Employment Facts and Stats  Statutory employee payments from April 2014  So many employment facts and laws to know.  Combined with the difficultly of knowing where to go for trusted information, we thought this would be useful employer law update to include for employers. Below is a round up of current Employee Statutory payments. Statutory Sick pay Now £87.55 per week.  From April you will also no longer be able to recover the cost of SSP from the HRMC (prior to 6 April 2014 employers could reclaim SSP exceeding 13% of National Insurance contributions).   Statutory Maternity, Adoption, Paternity Currently  £138.18 … Read More

Compulsory Pre-claim Conciliation May 2014

Compulsory Pre-claim Conciliation ET1 claim – employee must now contact ACAS   Following the recent Tribunal fees, this is the next main change. Now anyone wishing to make an ET1 claim must first contact ACAS and obtain an EC certificate. The certificate will have a unique reference number that is required on the new ET1 form. Although available from 6 April, it becomes mandatory for most claimants from 6 May 2014. Basically if any ex-employee wants to submit a claim against you, ACAS will try and consolidate a settlement before it reaches a Tribunal through Early Conciliation (EC).   The … Read More

Zero Hour Contracts – Could they be banned?

Could Zero Hour Contracts be banned? An update on the Zero hour contract debate An interim report in April 2014 stated “in the majority of cases zero hour contracts (ZHC) need not, and should not be used at all”. This is follows months of media coverage highlighting the alleged abuses of ZHC. It has been reported 20% on ZHC are paid less than permanent comparators; 40% receive no notice of termination; 6% turn up to find no work and no compensation; 5% are paid less than the NMW. The Government is being pressed to take positive action to protect workers … Read More

Ban on secondary industrial action is ruled unlawful

Employment law update Ban on secondary industrial action is ruled unlawful   Secondary action or, ‘solidarity action’ as it is sometimes referred to, is when one union (who is in a dispute with an employer) threatens to induce employees of another employer to also take industrial action. The UK law provides that, in the context of secondary action, a trade union is not immune from liability for the tort of inducing employees to breach their contracts by striking. The RMT went to the European Court of European rights (ECHR) to challenge that the UK law breached the human right of … Read More

New tribunal fines for employers

Employment law update 2014  New tribunal fines for employers   From 6 April Tribunals have the power to order that an employer who has lost a Tribunal claim must pay a financial penalty if considered the claim has aggravating features. Minimum is £100 maximum £5,000. Payments are made to the Treasury and not the employee.     As useful as ever, it is not clear what is meant by ‘aggravating features’. I suppose we may assume it is where a Tribunal considers there has been unreasonable behaviour, or conduct by an employer, but we will have to wait and see. … Read More

Flexible working extended to all in June 2014

Employment law update June 2014 Flexible working extended to all in June 2014   From 30 June 2014 all employees with at least 26 weeks’ continuous service will have the right to make up to one written flexible working request per year. Currently, only those with children under the age of 17 (or 18 if the child is disabled) or, those with adults in need of care have the right. Flexible working includes a wide range of working patterns that can benefit a business as much as the individual. Some examples are: Job sharing; part time working; working from home … Read More

New Home Office Code of Practice:

Employment law: New Home Office Code of Practice: Unlawful Discrimination A business must take care when undertaking the required document checks on an individual’s right to work in the UK. To check only those who you may personally judge may not have the right to work in the UK, could land you with discrimination claims. Please remember, discrimination compensation claims are uncapped. We have all read about successful discrimination claims at six figure amounts, so too great a business risk for anyone to take. This is another good reason why a business should have a systematic Induction process in place.   … Read More

Contract of Employment: Do you need to issue a contract to your employees?

 HR Micro Guide: Employee contract of employment This HR Micro Guide is designed to give you the employer an overview of the legal employment law requirement to issue a Principal statement / written statement of employment particulars to your employees.  And the business benefit of including this information in an Employee  Contract of Employment. Do you need to issue a Contract of Employment? To start with, the moment work is offered to a potential employee, and it is accepted, a legally binding contract of employment is formed. It does not have to be in writing.   However, Section 1-4 of the … Read More