Employment law updates – 2016 and beyond

Exclusivity clauses in zero hour contracts are prohibited.  Workers can seek legal redress  

11 January 2016

Section 54 of the Modern Slavery Act requires commercial organisations that have a minimum total turnover of £36 million per year to prepare a slavery and human trafficking statement for each financial year.  The statement must set out the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains or in its own business; or that the organisation has taken no such steps 31 March 2016
Public-sector exit payments repayable

The draft Repayment of Public Sector Exit Payments Regulations 2016 provide that employees in the public sector with annual earnings of £100,000 or more repay exit payments where they return to work in the public sector within one year of leaving. Exit payments for public sector employees are capped at £95,000

1 April 2016
Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No.1 and Transitory Provisions) Regulations 2016 come into force

The Regulations bring into force the offence of slavery, servitude and forced or compulsory labour in Scotland.

31 May 2016
Posted Workers (Enforcement of Employment Rights) Regulations 2016 come into force

The Posted Workers (Enforcement of Employment Rights) Regulations 2016 introduce a new right for a posted worker in the construction industry to bring a claim for non-payment of wages against his or her employer’s contractor.

18 June 2016
Date of EU referendum confirmed

The European Union Referendum (Date of Referendum etc) Regulations 2016 set the date for the holding of a referendum in the UK and Gibraltar on whether or not the UK should remain a member of the EU.

23 June 2016
Control of Electromagnetic Fields at Work Regulations 2016 come into force

The Regulations implement the Electromagnetic Fields Directive (2013/35/EU).

1 July 2016
Immigration Act 2016: illegal working offences and new search and seizure powers take effect

The Immigration Act 2016 (Commencement No.1) Regulations 2016 implement several provisions in the Immigration Act 2016.

12 July 2016
New whistleblowing rules for financial sector introduced

New rules on whistleblowing for financial sector introduced, including a requirement to appoint a whistleblowers’ champion and for all UK-based staff and their managers to receive appropriate training on blowing the whistle.

7 September 2016
National minimum wage rate for workers aged at least 21 but under 25 rises

The national minimum wage increases in line with the Low Pay Commission’s recommendations.

1 October 2016
Regulations on mandatory gender pay gap reporting introduced

Employers are required to publish information showing gender pay differences. Only for Companies with 250 or more employees.  First reports due 2018

1 October 2016
Requirement for employers to report annually on whistleblowing claims introduced

New requirement for employers that are “prescribed persons” to report annually on whistleblowing claims.

To be confirmed (possible Oct 16)
Tax-free childcare scheme comes into force

Families where both parents work and each parent earns less than £100,000 per year are eligible to receive 20% of their yearly childcare costs.

Early 2017
Apprenticeship levy on large employers

An apprenticeship levy of 0.5% of their wage bill to be paid by all large employers in all sectors to fund apprenticeships from 6 April 2017.

6 April 2017
Changes to the rate of the national minimum wage and the national living wage aligned

Future changes to the hourly rate of the national minimum wage and the national living wage will take place at the same time in April each year.

April 2017
Employers’ duties under gender pay gap reporting commence

Employers with 250 or more employees in the private and voluntary sectors are required to calculate their gender pay gap and bonus pay gap calculated from pay information using the employer’s usual pay period in which 30 April falls.

30 April 2017
Changes to tax treatment of termination payments introduced

Employers will be liable to pay national insurance contributions on termination payments above £30,000.

April 2018
Annual mandatory gender pay gap reporting introduced

Annual gender pay gap reporting requirement introduced for employers in the private and voluntary sectors with 250 or more employees to publish the differences in pay and bonuses between male and female employees.

30 April 2018
EU General Data Protection Regulation comes into force

The EU General Data Protection Regulation replaces the current Data Protection Directive

25 May 2018
Shared parental leave is extended to grandparents

Shared parental leave is to be extended to allow grandparents to take time off work.

During 2018
Equalisation of state pension age for women

The state pension age for women is equalised with the state pension age for men by November 2018, with an expedited increase from April 2016.

November 2018
State pension age rises to 66 years

The Pensions Act 2007 raises the state pension age from 65 to 66 years to reflect the ageing nature of the population.

October 2020
State pension age rises to 67 years

The Pensions Act 2007 raises the state pension age for men and women to 67.

Between April 2026 and April 2028
State pension age rises to 68 years

The Pensions Act 2007 raises the state pension age for men and women to 68.

Mid-2030s
State pension age rises to 69 years

In Autumn statement 2013 the Chancellor of the Exchequer indicated that the state pension age for men and women is likely to rise to 69 from the late-2040s.

Late
New law to protect NHS whistleblowers when applying for NHS jobs

The Small Business, Enterprise and Employment Act 2015 includes a provision that provides increased protection for NHS whistleblowers.

To be confirmed
New law on ballot voting thresholds for unions to take strike action

The Bill will introduce a number of proposed changes.

·         50% turnout threshold for there to be a valid ballot on industrial ballot.

·         Threshold of 40% support from all eligible members entitled to vote in order to take industrial action in key sectors.

·         4 month time limit for which the ballot will remain valid to authorise industrial action.

To be confirmed
Measures to support small businesses contained in the Enterprise Act 2016

The Enterprise Act 2016 introduces new measures to support small businesses and introduces a cap on redundancy payments to public sector workers.

To be confirmed
Income tax personal allowance to be linked to national minimum wage

Future rates of income tax personal allowance will ensure that workers on the national minimum wage working 30 hours a week will not pay income tax.

To be confirmed
Immigration Act 2016 introduces powers to curb illegal working

The Immigration Act 2016 includes measures to tackle illegal working and to reduce Britain’s reliance on migrant workers.

To be confirmed
Public-sector exit payments capped

The draft Public Sector Exit Payment Regulations 2016 provide that exit payments to public-sector workers are capped at £95,000.

To be confirmed
Caste added as an aspect of race under Equality Act 2010

The Enterprise and Regulatory Reform Act 2013 prescribes that the Government must add “caste” to the definition of “race” under the Equality Act 2010.

To be confirmed
Employment Act (Northern Ireland) 2016 comes into force

The Employment Act (Northern Ireland) 2016 sets out the framework to make changes to whistleblowing legislation and introduce mandatory pre-claim conciliation and gender pay gap reporting in Northern Ireland.

To be confirmed

 

SHARE

Leave a reply