Brexit harassment
Since Brexit there have been a number of race-related harassment in the workplace. Employers need to be aware of the risks arising from such harassment and, where possible, should try to address the risks.
Race-related comments made which are deliberately intended to offend are likely to be unlawful harassment. Comments such as innocently intended observations or shop floor “banter”, which weren’t intended to offend but still do so, are also harassment. Unlawful harassment requires that someone must be offended or feel their dignity at work is adversely effected.
What the Equality Act says is that unlawful racial harassment occurs where one employee engages in unwanted conduct related to race, nationality or national origin, and the conduct has the purpose or effect of violating another employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
This is a serious issue. For unlawful racial harassment occurring at work, the employer is liable for an employee’s conduct and the victim has a valid claim against the company. Damages are also uncapped.
Labour Employment law manifestos
Labour leadership challenger Owen Smith has revealed an employment law manifesto document that he claims will make Britain the “envy of the world”. Following a roundtable meeting with trade unionists, 25 pledges have been published that he states will improve workers rights.
Highlights of his manifesto include: new pay legislation to close the gender pay gap; out-lawing zero hours contracts; repealing the Trade Union Act 2016; removing the qualifying period for unfair dismissal and enforcing other employment rights from ‘day one’ of an individual’s employment.
Current Labour Leader Jeremy Corbyn also promises radical changes. He too proposes to bring an end to zero-hours contracts, stating that every employee should have guaranteed contractual hours and receive an ‘on-call payment’ for agreeing to make themselves available for extra work. Jeremy Corbyn also sets out proposals to reform the law of industrial relates, proposing that it should be mandatory for all employers with over 250 staff to bargain collectively with recognised Trade Unions.
New Home Office Guidance on ‘right to work’ checks
The Home Office has issued up to date guidance on right to work checks. The latest version of the guidance was published on 12th July. The new guidance was published to take into account the terms of the new Immigration Act 2016 which came into force on the same date.
Pension update
Small businesses with between one and thirty employees will now be phased into the auto-enrolment regime, between 1 June 2015 and 1 April 2017.
It is important that small businesses check their auto-enrolment staging dates, and prepare early, you can do this via the Pension regulator website.
It is vital that employers comply with their auto-enrolment duties. The Pensions’ Regulator has a range of powers to tackle non-compliance including serving compliance notices, and penalty notices. As at 31 March 2015 the Pensions Regulator had issued 1,529 compliance notices, and 371 penalty notices for non-compliance.
Please contact me directly if you would like any guidance on auto-enrolment as I work closely with a pension provider and can also take care of all the administration for you.
New minimum wage October 2016
In October 2016 the new rates will be:
- £7.20 per hour – 25+ yrs old
- £6.95 per hour – 21-24 yrs old
- £5.55 per hour 18 – 20 yrs old
- £4 per hour – 16-17 yrs old
- £3.40 for apprentices under 19 or 19 or over who are in the first year of apprenticeship.
If you would like to discuss any of these issues, or other HR concerns then please contact me on: 07929 506 143 or echrltd@aol.co.uk