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Changes are effective from April 1st 2019
We’re hiring! Due to our growth we have full time permanent positions available for Employment Law Advisors to compliment our existing team based in Ripponden (junction 22 M62). The role is Monday to Friday. Experience in HR is essential as well as an ability to work under pressure and offer solutions to clients on a wide scope of HR related issues. We offer a good package, working conditions and salary is negotiable subject to experience. If you would like an informal chat in the first instance please contact Johanna McMillan Peel on 07803 126142 or email your CV with a covering letter to johannam@elcons.co.uk. We look forward to hearing from you! Please feel free to share. Strictly no agencies.
We held our Disciplinary Process and Employment Tribunals today!
Taking place in Peters House, Manchester, we covered everything you need to know on the subject.
A big thank you to all who attended and spoke at our seminar today.
The legislation to protect agency and zero hours workers, introduced today, means staff must be informed of their rights from their first day of work, including eligibility for paid and sick leave. Workers must also be given the right to request predictable hours.
The reform takes forward a majority of the recommendations made in the Taylor Review of Modern Working Practices. This includes closing the ‘Swedish derogation’ loophole which allowed agency staff to be paid less than permanent employees.
A series of proposed changes has been published by the Government with claims this could be the biggest reform of employment law in 20 years, following Matthew Taylor’s Good Work Review.The key proposals are:
Aggravating Conduct – increasing the penalty for employer’s aggravating conduct from £5,000 to £20,000Continuity of Employment – Increasing the one-week rule to break continuity, up to four weeks.
Contracts – workers will have the right to have written statement of terms and conditions to workers as well as employees.Contracts – employer’s will be required to give written statement of terms and conditions on the first day of work (rather than within 8 weeks)
Employment Status Tests – streamlined avoiding employers misclassifying employees and workers as self-employed.
The Swedish Derogation – giving employers the ability to pay agency workers less than their own workers in certain circumstances is to be abolished.Unlawful Deductions – banning employers making deductions from staff tips (presumably extending to the existing unlawful deduction laws)
The Parental Bereavement (Leave and Pay) Bill became the Parental Bereavement (Leave and Pay) Act on 13 September 2018.
The Act states that from day one of employment, two weeks’ unpaid leave will be an granted for employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy.
The government is aiming for the new law to be in force in 2020, which will see employees being entitled to be paid at the statutory rate once they have completed 26 weeks’ service.
British track cyclist, Jess Varnish, is claiming wrongful dismissal, sex discrimination and detriment to a whistle-blower after being dropped from the Great Britain cycling team in 2016.
Varnish claims she was dropped by the team less than a month after speaking out against coaches for mistakes made in qualifying for the Rio Olympics. An internal enquiry found that Shane Sutton, the then Technical Director told her to “go and have a baby” and an independent inquiry has accused Sutton of being complicit in a fear culture within British Cycling.
The first challenge for the 28-year-old is to convince the judge she was an employee, this will be assessed as the judge is provided evidence regarding the level of control exerted over her by UK Sport and British Cycling as a funded athlete.
Wider implications:
If accepted that athletes could be classed as employees this will mean athletes may be required to pay tax and British Sports funders will become liable for holiday, sick pay and pension contributions.
Watch this space…..
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