Employment Updates to Prepare for in 2019

Post-Brexit Immigration Rule Changes

Regardless of whether a deal on the UK’s exit from the EU is agreed, the rules around the employment of EU nationals will change sooner or later. Once the UK leaves the EU, free movement will end, although in practice this is likely to be delayed pending legislation to repeal the current arrangements. Also, it will take time to put in place the practical arrangements necessary to make this possible. The government has introduced a scheme under which EU workers already in the UK will be able to apply for “settled status”, to be able to live and work in the UK indefinitely.

However, as an employer you need to be aware that, going forward, the employment of workers from the EU is likely to be subject to restrictions in the same way as the employment of other foreign nationals, so will need to adjust their recruitment processes accordingly. Recruitment and retention policies will need to be reviewed for effective workforce planning.

Extend Itemised Pay Statements to Workers

From 6 April 2019, the right to an itemised pay statement will extend to workers, not just employees. Further, where a member of staff’s pay varies according to time worked, the employer will have to include on the itemised pay statement the total number of hours worked for which variable pay is received. This can be done either as an aggregate figure or as separate figures for different types of work or different rates of pay.

Be Aware of National Minimum Wage Rate Increases

The national living wage is due to increase to £8.21 per hour from 1 April 2019. Other national minimum wage rates are also due to increase, with hourly rates rising to £7.70 for workers aged at least 21 but under 25, to £6.15 for workers aged at least 18 but under 21 and to £4.35 for workers aged under 18 who are no longer of compulsory school age. The hourly apprentice rate will increase to £3.90 and the daily accommodation offset will increase to £7.55.

Meet Increased Statutory Family and Sick Pay Rates

The weekly amount for statutory family pay rates is expected to increase to £148.68 for 2019/20. This rate will apply to maternity pay, adoption pay, paternity pay, shared parental pay and maternity allowance. The increase normally occurs on the first Sunday in April, which in 2019 is 7 April. The weekly rate for statutory sick pay is expected to increase to £94.25 from 6 April 2019.

Start Preparing For Parental Bereavement Leave and Pay

The government has confirmed that it intends to introduce a right for bereaved parents to take paid time off work. Under the current proposals, bereaved parents will be able to take leave as a single two-week period, as two separate periods of one week each, or as a single week. They will have 56 weeks from their child’s death to take leave. The new right is expected to come into force in April 2020, but employers should start preparing for it during 2019, and could decide to introduce their own bereavement leave policy if they don’t already have one.

We will look at these issues and others relevant to your business at our next Employment Law Update workshop in April 2019. Click here for more details and to book online.

Family Matters in Your Business

Many of the recent Employment Law changes have focused on family matters. There are more to come in 2015, so it’s important that you are prepared and know how they might affect your business. Many changes relate to the families of your members of staff. While you might not think you’re directly involved, you could be and you need to know how to handle each situation.

Here are some examples: 

2015 Childcare Scheme. From this autumn, almost 2 million families will be able to make use of the tax-free childcare scheme announced in the last Budget. Eligible families will be able to claim a 20% rebate on their childcare costs up to £2,000 per child. How could this affect your business? Research shows that nearly a quarter of employed mothers would increase their working hours if they could arrange good quality childcare. This could be a good thing for your business, but not every family is eligible and some could end up worse off. Some might need to reduce their working hours, which might not suit your business.

Flexible Working. In the past, only parents with children under the age of 17 and carers could apply for flexible working. Now employees who are not caring for others have the right to make a request and as the employer, you must deal with these requests in a reasonable manner. This means you can no longer only expect your employees with children to request flexible working. Now you need to be prepared in case any of your employees makes the request. Do you know how you would deal with these matters?

Time Off for Dependants. All employees have the right to time off during working hours, to deal with unforeseen matters and emergencies relating to dependants. This is unpaid leave, unless you’re willing to give paid time off. Employees have a right to a reasonable amount of time off – usually 1-2hours rather than days – to deal with emergencies involving a spouse, partner, child, parent or an elderly neighbour. Leave can be taken to deal with a breakdown in childcare, to put longer term care in place for children or elderly relatives, if a dependant falls ill or is taken into hospital or to arrange or attend a funeral. Do you have a plan in place to deal with employees needing to take time off at short notice?

Shared Parental Leave. In the past, mothers could take 52 weeks of maternity leave and receive 39 weeks of statutory maternity pay. Now they can decide to share the leave with their partner. This means that if you are the employer of the partner, you could still find yourself having to give them parental leave, if the mother decides to go back to work early. To make sure your business is prepared for this, know how many of your key members of staff this could affect. Having a contingency plan for what it could cost you.

Antenatal Rights. Pregnant mothers are entitled to time off for antenatal appointments. In addition, partners of mothers-to-be can now take unpaid time off work to go with her to two of these appointments. While you might not have any expectant members of staff, think about the impact on your business of losing a key member of staff for a day – the partner. Can you still hold a Board Meeting with one of your Directors absent?

There have been a number of recent Employment Law changes affecting family matters. However, there are many other legal requirements that you need to be aware of, relating to your employees and their families. For more information the Acas website is always a good place to start.

Employment Law Update Workshop

On 21 May 2015 we’ll be spending the morning at Hennerton Golf Club in Wargrave, Berkshire, going through the latest changes to Employment Law. For individual help with your business and your employees, book your place on the workshop. We’ll talk about how the changes will specifically impact on your business. Click here to book your place for just £15 +VAT.

One of the attendees at a recent workshop said “I thought the workshop would be full of other HR people who knew more than me – but it wasn’t like that at all. I learnt a great deal from the Employment Law update and it was really useful talking to other people to hear how they dealt with similar issues to me.”

Employment Law Changes for Spring 2015

Employment Law is constantly changing. To make sure you stay on the right side of the law, and do the right thing by your employees, here are some of the issues you need to know about.

Shared Parental Leave – this will allow eligible mothers, fathers, partners and adopters to choose how to share time off work after their child is born or placed for adoption. Employed mothers will still be entitled to 52 weeks of maternity leave and 39 weeks of statutory maternity pay or maternity allowance. If she chooses, an eligible mother can end her maternity leave early and, with her partner or the child’s father, opt for Shared Parental Leave instead of Maternity Leave. If they both meet the qualifying requirements, they will need to decide how they want to divide their Shared Parental Leave and Pay entitlement.

Antenatal Rights – from 1 October 2014, the partner of a pregnant woman has been allowed to take unpaid time off work to attend antenatal appointments with her. Partners are allowed time off for up to two antenatal appointments, capped at 6.5 hours per appointment. Confusion might arise because in some cases, the partner might not be the biological father of the child. They could be the mother’s spouse, civil partner, or partner in an enduring relationship. It could also be the parents of a child in a surrogacy arrangement.

Fit for Work – this service helps employees stay in, or return to work. It provides an occupational health assessment and general health and work advice to employees, employers and GPs. It will not replace, but will complement existing occupational health services provided by employers. There will be a phased roll out of the referral service taking place over a period of months during 2015.

Every time a change is made to Employment Law, your Staff Handbook will become out of date. You don’t need to update it every month, but you do need to be aware of the legal changes and how they affect your employees and your business. If your Handbook has not been updated for a couple of years, it’s best to get up to date information on any specific issue, before you take action.

To help keep your business up to date, book your place on our next Employment Law Update Workshop. On 21 May 2015 we’ll be spending the morning at Hennerton Golf Club in Wargrave, Berkshire, going through the changes. We’ll talk about how they will specifically impact on your business and what you need to be aware of, in order to stay on the right side of the law. Click here to book your place for just £15 +VAT.