12 January 2015 #Employment
1st January 2015
In the financial sector, firms approved by the Prudential Regulation Authority will be required to ensure that variable remuneration (e.g. bonuses) vesting after 1st January 2015 (for the period of 7 years after vesting) can be clawed back in cases of employee misbehaviour or where the firm suffers a material failure of risk management.
5th January 2015
Ban of “overseas only” recruitment by employment agencies took effect, amending the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
4th February 2015
Lock v British Gas Trading Ltd and others – employment tribunal hearing on whether UK domestic legislation can be interpreted in line with the ECJ’s decision and, if so, the level of holiday pay to which the claimant is entitled.
5th February 2015
The Advocate General’s opinion in the Woolworths case on collective redundancy is due to be released.
30th March 2015
Dissolution of Parliament and pre election purdah period prior to general election.
5th April 2015
New system of shared parental leave (applicable from 1st December 2014) for parents of children due to be born or placed for adoption in or after 5th April 2015.
5th April 2015
Changes to adoption leave:
5th April 2015
Extension of parental leave so that it can be taken up to the child’s 18th birthday. At present parental leave has to be taken by the child’s 5th birthday (18 if the child is disabled).
6th April 2015
The amended record keeping, returns and penalties provisions under the Finance Act 2014 intended to combat false self employment through service companies will come into effect (first return due 5th August 2015)
Proposed date of implementation of the “Fit for Work” Service (previously proposed to be called the “Health and Work Service). This is an advisory service for employers, employees and GPs aiming to reduce long term sickness absence. The website and telephone service is now in place. It is not yet known when the referral service for employees who have been absent for 4 weeks or more will be available, although the website states that a phased roll out will take place “over a period of months”. No timetable of introduction has been published to date.
7th May 2015
1st July 2015
Two year cap for unlawful deduction of pay claims comes into force (including in respect of holiday pay).
New tax free childcare scheme to be introduced.
Section 56 Data Protection Act 1998 was previously due to come into force on 1st December 2014 but has now been delayed. It is not currently known when it will come into force.
The Equality Act 2010 has been amended to require the government to make further regulations making caste discrimination unlawful. In the meantime the EAT in Chandok and another V Tirkey UK EAT/0190/14 has found that the definition of “race” in The Equality Act already includes caste.
Small Business, Enterprise and Employment Bill 2014-15
The second reading of the bill in the House of Lords took place on 2nd December 2014. The following proposals may or may not be implemented.
Zero Hours - The government plans to prohibit employers from restricting zero hours workers from working for other businesses. It is believed that regulations will not be made before the 2015 general election.
Employment tribunal awards - The government plans to introduce financial penalties for respondents that fail to pay Employment Tribunal awards on time (50% of the amount awarded, with a minimum of £100 and a maximum of £5000).
Postponements – proposals to limit the number of postponements or adjournments a party may apply for in an employment tribunal case and require consideration of a cost award. Consideration also being given to a “naming and shaming scheme” for employers.
Public Sector exit payments – proposals for recovering exit payments from individuals earning over £100,000 leaving the public sector and then returning to work for the same organisation or another organisation within the same subsector within 12 months.
Whistleblowers – prescribed persons to be required to produce annual reports of the disclosures of information made to them by whistleblowers on an anonymous basis.
National Minimum Wage – the maximum £20,000 to apply in respect of each underpaid worker rather than each employer.
Election Manifesto Proposals:
Liberal Democratic Party