Employment Law for 2016

2 Acumen Business Law Business law specialists Who am I? Nicole Humphreys (Employment Solicitor) WELCOME

3 Today’s Seminar Employment Law Update What is new in 2016 Case update – Impending Court decisions MANOR ROYAL BID PEOPLE FORUM

4 Penalties for zero hours contract exclusivity clauses come into force The clauses were prohibited in 2015 Workers given power of redress if employer ignores the ban Unfair dismissal claim Detriment claim No qualifying period of service Into force on 11 January 2016 ZERO HOURS CONTRACTS - UPDATE

5 Large employers will be obliged to publish information Companies with >250 employees Government to “end the gender pay gap in a generation” Publish by 25 March 2015 Intend to include information on bonuses as well as salary Government intend to extend to public sector Government aims to eliminate all-male boards in the UK’s top 350 companies GENDER PAY REPORTING

6 Takes effect April 2016 Premium added to National Minimum Wage Applies to all Workers aged 25 or over Low Pay Commission will make annual recommendations for increases (as with NMW) Expected rate to be £7.20, current NMW rate £6.70 Not to be confused with Living Wage – which is a voluntary rate NATIONAL LIVING WAGE

7 Failure to pay: ordered to pay unpaid wages by HMRC penalty increased to 100% of underpayment up to £20K (previously £5k limit) Companies named and shamed Most well known was Monsoon Accessorise Employee can claim deduction of wages Employment tribunal (within 3 months) or county court (up to 6 years) NATIONAL LIVING WAGE

8 Statutory Pay Rates FROZEN for 2016 Maternity - £ Paternity - £ Adoption - £ Shared Parental Pay - £ Statutory Sick Pay - £88.45 Attributed to a fall in consumer price index STATUTORY PAY RATES

9 New rules for public-sector staff on termination of employment (Public Sector Exit Payment Regs 2016) Limit on excessive payments (£95k) No planned implementation date From 2 April 2016 public sector employees (earning over £100k) will have to repay exit payments if they return with 12 months. PUBLIC SECTOR EXIT PAYMENT

10 APPRENTICSHIPS When can you use the term ‘Apprentice’? Not unless you have a statutory apprenticeship in place Preventing misuse of the term "apprenticeship“ Low quality training courses not government funded Paying an apprentice rate for non genuine apprenticeship Apprenticeship target for the public sector Employer NI contributions abolished in April 2016 for under 25’s (apprentices)

11 EMPLOYING FOREIGN WORKERS Immigration Bill ( ) tackles illegal working New labour market enforcement agency to tackle exploitation of migrant workers Additional powers to search and seize documents under civil penalty scheme Immigration skills charge on business English language requirement for public sector Employers notified when visa’s expire

12 Shared ‘Grandparental’ leave New entitlement to allow employees who are parents, to take shared parental leave in the first year of their child’s life Applies to babies expected on or after 5 April 2015 Consultation expected on extension of shared parental leave and pay to working grandparents.

13 HOLIDAY PAY British Gas Trading v Lock British Gas appealed the tribunal decision that holiday pay must take account of commission. EAT heard appeal on 8 and 9 December Employers are likely to face claims from staff over the level of their holiday pay

14 R (Unison) v Lord Chancellor (Supreme Court) 2016 sees Unison have one last go at tribunal fees for ET claims in the Supreme Court Court of Appeal rejected a claim to challenge tribunal fees but it did say that …… the decline in claims is “sufficiently startling” to merit a review of fees to prevent individuals being priced out of bringing a claim EMPLOYMENT TRIBUNAL FEES

15 Brierley & others v Asda Stores Group claim against Asda male and female employees seeking to compare their jobs in retail stores with the jobs of colleagues who work in distribution centres. These “work of equal value” claims may be two of the highest-profile employment cases in 2016 New gender pay reporting obligations will expose these organisations EQUAL PAY

16 Bougnaoui v Micropole Univers (ECJ) Religious discrimination case employee wore an Islamic headscarf customer complained about her appearance Employee told by her French employer to remove it while visiting a client She was dismissed after she refused Case revolves on whether or not the need to adopt a “neutral appearance” with a client can be a genuine occupational requirement of a job RELIGIOUS DISCRIMINATION

17 Questions????

18 Nicole Humphreys Employment Solicitor DDL: Mob: Switchboard: Regent House, Hove Street, East Sussex, BN3 2DE