Early retirement, the “Pensions Exception” – TUPE implications for private sector schemes. Employee awarded over £16k for injury to their feelings after ‘one off’ act of discrimination. government give in respect of the unworked hours. Did you know that the Government has announced that it wants to “simplify” the tax and national insurance treatment of termination payments? The Pensions Regulator is out to get employers ignoring their auto-enrolment duties, Myth busters: Workers do not accrue holiday during long term sickness, At last some good news for employers on holiday pay, The GDPR race is on and you need to start training now. high-risk staff during the Covid-19 pandemic. … Proposed cap on pension changes - do you need to review your defined contribution schemes? Chancellor Rishi Sunak launched the scheme earlier on in the coronavirus pandemic, Furlough rules change from August 1 - and your employer must pay contributions, HMRC warns 'one in 10 employers have committed furlough fraud' - costing government £3.5 billion, Two arrested over furlough fraud worth alleged £70,000, The Queen's reason for refusing to abdicate throne - and it's all because of Princess Charlotte, Reports on Wednesday in the United States have suggested Prince Charles is "ready" to take over the throne as soon as The Queen decides to step down, Five mourners at huge memorial gathering 'in Birmingham died of Covid', Birmingham Council assistant director Paul Lankester also told of separate incident where some mourners tried to break into a cemetery for service, Woman threatened with 'large machetes' in terrifying carjacking near Bassetts Pole, The carjackers crashed into the woman as she was driving, forced her out the car and then made off with it, 'Bye bye Baverstock' - memories flood in as much-loved Birmingham school is bulldozed, Former pupils and staff remember favourite teachers and precious moments as Baverstock Academy in Druids Heath is demolished, Police search for missing Frankley girl, 12, who vanished after leaving school. On this basis, at the minimum We also look at the interesting case of BC and How (not) To Lose An Employment Tribunal Claim, Changes To The Job Support Scheme Announced By The Treasury, COVID-19: Chancellor Announces New "Job Support Scheme" To Follow Furlough Scheme, UK Job Support Scheme: What It Means For Employers. How do you calculate holiday pay for workers wrongly treated as self-employed? How do you manage an ‘unmanageable’ employee? NHS staff win right to claim six years underpaid holiday pay, “Sleep-in” workers are not entitled to the National Minimum Wage whilst they are asleep, You must let your employee appeal against their dismissal even if they have not provided evidence they can continue to work in the UK, Supreme Court determines the employment status of plumbers, Risk assessments needed for all breastfeeding mothers, Zero hours workers can compare contracts with full time workers, Get ready for Making Tax Digital for Business (MTDfB), Supreme Court implies new term in all contracts of employment. New right for parents to take time off to grieve the death of a child. Or you can fill out our contact form and we'll ring you back. Our advisers really get to know the people and business that we help. These cookies give us anonymised information on how people use our website. Furlough fraud – have your staff been working in breach of the rules? Financial penalties for employers – is your business at risk? What is a 401(k) Plan and What Does HR Need to Know? Mythbuster: An employee engaged on a fixed term contract cannot claim unfair dismissal simply because the contract is not renewed, Holiday Pay: European Court of Justice ruling, Myth busting: You do not have to pay accrued holiday if you dismiss someone for gross misconduct, Transgender Employees: Seven things employers need to know, New leave allowance on the cards for bereaved parents, Employment Tribunal fees: Government starts process of reimbursement, Myth buster: You can dismiss someone without fear of it being an unfair dismissal provided they have less than two years' service, Increase in injury to feelings awards announced, Tribunal claims on the rise since abolition of fees. Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors. We look at five key employment law changes which come into effect in 2020. Come 6 April 2020, the reference period will be change to 52 weeks, or the number of weeks of employment if a worker has been employed for less than 52 weeks. The new series of the ITV favourite will begin on Sunday, November 15 - and it'll be a far cry from the Aussie jungle. What Employment Law Changes Took Place in 2020? Regardless, businesses should now be using the new. How should you react if an under-performing member of staff you want to dismiss raises whistleblowing allegations? “We’re not trying to catch people out – if it turns out to be a genuine mistake then we’ll help put it right, and if it’s more serious then we’ll step in. workers worked a minimum 33% of their 'usual hours' they Will the Fit for Work Service reduce long term absence? © 2020 Lawyer Monthly - All Rights Reserved. We take a look at these changes below. Job Retention Scheme. organisations are eligible where their private revenues have been On 6 April 2020, the ability for employers to pay agency workers less than their own workers in certain circumstances, also known as the “Swedish derogation”, is abolished. moving an employee onto the Job Support Scheme following maternity Welcome to the Wrigleys Employment Law Bulletin, October 2020. Now though, it’s being broadened to encompass workers in general and must be provided on or before the day they start work. Give us a ring to speak to a member of our team in the strictest confidence. Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world. HM Treasury announced changes to the Job Support Scheme (JSS) on By clicking "I agree", you'll be letting us use cookies to improve your website experience. The minimum amount of time a worker must work to qualify for the period in which the employer will claim support under the JSS in Do your staff take appropriate rest breaks? Our monthly Employment Law Update explores the latest developments in employment law and looks at the issues that matter to employers. Employment law update 2019 - 2020. Changes to the right to request flexible working - do you need to change your policy? Betfred criticised for failing to include overtime in holiday pay, Court of Appeal rule that employers can't pro-rate holiday of term time only workers, FAQs: holiday entitlement and pay of term-time and other part-year workers. Claims are checked and payments may be withheld or need to be repaid if the claim is based on dishonest or inaccurate information. 1 December 2020. On 2 October 2020, HMRC produced guidance on checking whether an employer is eligible to claim. It is important to be alive to the consequences of an audit and consider privilege. Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. But there are still some important changes that businesses should start preparing for. mitigate their effect. We explored the rules and eligibility criteria of the JSS in our These temporary measures have been extended for a further three months, until October 31, 2020. It pays to be prepared for this reform. up the wages of any workers who were on the JSS, but the latest An HMRC spokesperson said: “We’d ask anyone concerned their employer might be abusing the scheme to please contact us. for paying all Class 1 NICs and pensions contributions on the total service employer could use evidence from a WhatsApp group loosely Will employers be compelled to advertise all jobs as flexible? Here we summarise the latest employment law changes and legal updates. leave). Knowledge and disability: what do you know and when did you find out? This may. Template: Update Employee HSA Contributions HR Communication, How to Set Expectations for Employees During the Holidays. Reform to intermediaries legislation (IR35) extended to private sector: 6 April 2021. Binding decision: Voluntary overtime must be included in holiday pay, Frequently asked questions about Employment Tribunal Fees, Myth buster: There is no guaranteed way to prevent our staff from competing against us after they leave, Gig economy workers may be able to claim holiday pay going back years, Queen’s Speech indicates that employment law reforms are low on the Government’s agenda, Beware! Will workers’ rights change after Brexit? rates and increasingly tough measures being taken to lockdown areas Do you know how many extra hours your staff are working? Written statements to include additional particulars of employment, Reduction of threshold to request information and consultation arrangements, Abolition of the Swedish derogation relating to pay for agency workers, Employment businesses/agencies to provide agency workers with a Key Information Document setting out key facts at the start of an assignment, Increase in holiday pay reference period from 12 weeks to 52 weeks, Right to parental bereavement leave and pay comes into force, Revised Posted Workers Directive set to be transposed into national law, A summary to reflect the latest guidance on the extension of the Coronavirus Job Retention (Furlough) Scheme to 31 March 2021. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. The level of support provided by the government has now The payments will be available to anyone who starts to self-isolate from September 28 onwards. Lauren Brown In Williams & Ors v British Airways PLC [2011] IRLR 948 (as applied in Lock v British Gas Trading and Ors [2014] IRLR 645), the ECJ held that holiday pay for the minimum four week leave entitlement under the Working Time Regulations must take into account “normal remuneration” such as contractual or regular patterns of overtime, pay allowances and certain commission payments.