by Emma | Jan 21, 2024 | Newsletter
The Employment Tribunal Appeal has found that the tribunal had been wrong to find that a claimant’s resignation in the heat of the moment during an altercation with his manager was really intended.
The claimant brought a claim for unfair and wrongful dismissal and argued that his case fell within a “special circumstances exception” (in the heat of the moment).
A resignation must be “seriously meant” or “really intended” or “conscious and rational”.
If you have a resignation, which is later retracted and you want to know where you stand, give me a call.
by Emma | Jan 21, 2024 | Newsletter
The civil penalties for employers employing workers illegally are due to triple!
From 22nd January 2024, the current civil penalty for employers who employ an individual without the appropriate immigration permission in the UK will rise from £15,000 per illegal worker for a first breach, to £45,000.
The current maximum of £20,000 per illegal worker for repeat breaches will rise to £60,000 per illegal worker.
Provided that a proper check has been carried out the employer will have a statutory excuse against a civil penalty if an employee is subsequently found to be illegally working in the UK.
by Emma | Jan 2, 2024 | Newsletter
National Minimum Wage
From April 2024, the national minimum wage will increase by almost 10% to £11.44 per hour for those aged 21 and over. For 18-20’s it will increase to £8.60 per hour and for under 18’s and apprentices it increases to £6.40 per hour.
Please ensure you make changes to your payroll and inform staff of their new rates.
New Employment Laws
Likely to come into effect during 2024 include The Carer’s Leave act, The Neonatal Care (leave and pay) Act and changes to flexible working laws.
Watch this space for more info.
What about the financial crisis, how will this continue to impact businesses?
The back end of last year I featured in HRgrapevine talking about cash V benefits. Take a read here:
Cash V Benefits
New course!
If you are interested in attending a menopause session or sending your staff / managers on a course then please contact me now. Special offer for courses booked from Jan-March.
by Emma | Oct 10, 2023 | Newsletter
The Act amends the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be where:
- There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
- The change relates to their work pattern; and
- Their purpose in applying for the change is to get a more predictable work pattern.
A maximum of two applications may be made in a 12-month period. The length of service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.
Employers, temporary work agencies or hirers will be able to reject applications based on statutory grounds. These will include the burden of additional costs, detrimental impact on the recruitment of staff or other aspects of the employer’s business, or there being insufficient work during the periods the worker has asked to work. Workers and agency workers will have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It will also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.
The Act is due to come into force a year after receiving Royal Assent (next September) and an Acas code of practice which will provide guidance on how to make and handle requests will be issued for consultation over the coming weeks.
by Emma | Aug 4, 2023 | Newsletter
Currently, employed fathers and partners have to choose between taking one week or two weeks’ paternity leave; this will change so that they can take the two-week entitlement in two separate blocks of one week if they want to. Rather than just being able to take statutory paternity leave in the first eight weeks after birth or placement for adoption, it will also be possible for the leave to be taken at any time in the first year.
Currently, an employee has to provide notice of the date on which they want their paternity leave to start 15 weeks before the birth. These notice requirements will be changed and it is proposed that only 28 days’ notice will be needed, although the notice of entitlement will still need to be given 15 weeks before birth.
Watch this space for implementation date.
by Emma | Aug 4, 2023 | Newsletter
The Employment Relations (Flexible Working) Bill received Royal Assent on 20 July. The Employment Rights Act 1996 will be amended so that:
- An employee will no longer have to explain what effect, if any, they think their requested change will have and how this should be dealt with.
- An employee will be entitled to make two requests in any 12-month period.
- An employer won’t be permitted to refuse a request unless the employee has been consulted with.
- The time for an employer to come to a decision on a request will be reduced from three to two months.
The legislation look’s likely to come into force in approximately a year’s time, to give employers time to prepare.
The government has reiterated that the right to request flexible working will become a “day one” right at some stage, although this is not an amendment made by the Act and will require secondary legislation to remove the current 26 weeks’ continuous employment qualifying requirement.
