09/01/2019

There are a number of employment law changes to add to your diary if you are an employer or HR manager.

29 March 2019 – The UK’s official date for leaving the EU.

Continued uncertainty has created something of a grey area around the possible impact of Brexit on employment law. One set of rights which initially looked to be under fire were those relating to agency workers, however the government has confirmed further protection for these workers, not less.

Agency workers are going to be entitled to the same pay as employed staff if they have a contract of employment with the agency.

The time required to break service between assignments will be increased from one week to four weeks and from day one agency staff will have the right to a statement of terms including eligibility for sick leave, sick pay and other types of leave.

Interestingly the government also plans to legislate to prevent employers making deductions from staff tips.

6 April 2019 – Changes to the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 will see the maximum penalty for aggravated breaches of employment law increased from £5,000 to £20,000. In practice, this has rarely been used.

6 April 2019 – Changes to the Employment Rights Act 1996 will require employers to include the total number of hours worked on pay slips where the pay varies according to the hours worked. Pay slips must also be given to all ‘workers’ not just ‘employees’.

April 2019 – Any part of a termination payment over £30,000 will be subject to employer National Insurance contributions.

6 April 2020 – The government has confirmed amendments to the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018. This gives employees the right to have a statement of employment terms from day one rather than within two months. The amendments also confirm the rules for calculating holiday pay, which will require employers to use the previous 52-week period to determine ‘normal pay’ for holiday pay purposes.

If you need advice on any aspect of employment law, please call employment solicitor Laura Franklin on 01782 205000 or email laura.franklin@beswicks.com