The Workplace Prescription
Workplace Q&As and the latest news in employment law and HR
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National Living Wage set to increase to £12.10 per hour, perhaps more!
The Low Pay Commission (LPC), an independent body that advises the UK government on minimum wage matters, has received new guidelines for setting wage rates effective from April 2025.
The LPC will factor in the cost of living and expected inflation up to March 2026 to ensure the NLW remains fair for the lowest-paid workers. The NLW should not drop below two-thirds of median hourly earnings. Current estimates suggest this could mean an increase to around £12.10 per hour, but this figure might change based on economic trends.
There's room for the NLW to rise above this "floor" if economic conditions support it, aiming to boost low earnings without negatively impacting businesses or the job market.
Closing the gap for 18-20 year-olds
The government intends to eventually have the NLW apply to workers aged 18 and over, eliminating the separate rate for 18-20-year-olds. Until then, the LPC plans to continue reducing the pay difference by recommending larger increases for this age group.
Considerations for younger workers
Any changes will take into account the employment prospects of young workers and their incentives to remain in education or training.
Apprentices and 16-17 year-olds
The LPC will continue to set wage rates for apprentices and 16-17-year-olds with the goal of raising them as much as possible without harming their employment opportunities.
The LPC will collect data and feedback until it submits its recommendations by the end of October 2024. If accepted by the government, the new wage rates will come into effect in April 2025.
Q&As
Not paid for the shifts I worked. Next steps please?
Q. Hi, I was taken on with a company, completed my shadow shifts and then covered sickness one sat morning. They aren’t now taking me on, which I understand but it's their payday today and I have not been paid for that shift I covered which I was told I'd be paid for. Are they allowed to not pay me please? I've been messaging them just being ignored
A. If you were told you would be paid for the shift you worked and any other work you did, you are entitled to that payment.
Once you have performed work, you have a legal right to be paid for it, regardless of whether all paperwork has been completed. This applies even if your employment was still in the process of being finalised. By covering the shift, you were effectively engaged as a worker, and this entitles you to the wages for that shift.
Since your messages have been ignored, try sending a formal letter or email to them. Clearly state the date and details of the shift you worked and mention that you were assured of payment. Politely request that they process your payment promptly and provide a specific date by when you expect this to be resolved.
Ensure you have a record of all communications with them, including the original agreement to work the shift and any messages where payment was discussed.
Mention in your correspondence that under employment law, you are entitled to be paid for the work you have completed. Highlight that failure to do so could be seen as an unlawful deduction from wages, which is a breach of the Employment Rights Act 1996.
If they still don't respond, you could consider raising a formal grievance within the company if they have a procedure for this. If that doesn’t resolve the issue, you might want to explore making a claim to the Employment Tribunal for unlawful deduction of wages. Claims need to be made within three months minus one day from when the payment was due and it’s a very simple online process.
Sacked for being bullied? Possible discrimination claim
Q. good afternoon Tim, I was just wondering if you have any advice for me dealing with what I should do with my former employer, I worked for a well known phone company and was bullied and harassed by a colleague for 3months when I ask for a grievance form I was denied and they suspended me, after 2months being suspended they sent my p45 through with management comments saying it was just clash of personalities, I was bullied and harassed over my religion and my disability
A. Bullying and harassment, especially based on religion and disability, are serious issues, and your employer has a legal obligation to protect you from such behaviour.
If you haven’t done so already, write a detailed complaint to your employer’s HR department or a senior manager. Outline the specific incidents of bullying and harassment, highlighting how they were related to your religion and disability. Make it clear that you were denied the right to file a grievance, which is a basic procedural right in handling workplace disputes.
Given that you were suspended without a proper investigation and then dismissed without addressing your complaint, you may have grounds for claiming unfair dismissal and discrimination. Under the Equality Act 2010, discrimination based on religion and disability is unlawful, and you should not have been penalised for raising concerns about your treatment.
Before making a claim to an Employment Tribunal, you need to contact ACAS (Advisory, Conciliation and Arbitration Service) to start the Early Conciliation process. This is a necessary step where ACAS will try to help you and your former employer reach an agreement without going to tribunal.
However, if conciliation doesn’t resolve the issue, you can take your case to an Employment Tribunal. The tribunal can hear claims of unfair dismissal, failure to follow proper procedures, and discrimination. It’s important to note that there are strict time limits for making a claim—usually three months less one day from the date of the dismissal or the last act of discrimination, so don’t delay.
Additional duties and concerned about health and safety
Q. Hi, I hope you're well just a quick email to ask if my company can foce me to do another drivers job including my own because they can not be bothered to arrange cover and they want to save money ? If I needed assistance I would not get any because our control room is 80 miles away and my manger turns his phone of ?
I have been with the company for 24 years and with the new company for 3 years we got taken overÂ
A. Generally, your employer cannot force you to take on additional duties outside your usual role unless your contract of employment explicitly allows for this. If your contract states that you are required to perform duties "as reasonably required" or includes a similar clause, your employer may argue that this covers temporary changes in duties. However, even with such a clause, they must act reasonably and ensure that any additional tasks do not significantly increase your workload or compromise your ability to perform your original duties safely and effectively.
Given the situation you described—covering another driver’s job without proper support and with the control room being 80 miles away—it raises potential safety concerns, especially if you’re left without adequate assistance in case of issues. Employers have a legal duty under the Health and Safety at Work Act 1974 to ensure the safety and welfare of their employees, which includes not overburdening you or expecting you to perform tasks without the necessary support.
Furthermore, because you’ve been with the company (including time before the takeover) for 24 years, your long service and experience should be respected. It’s worth having a conversation with your manager or HR department about your concerns. You could highlight the practical difficulties and risks involved in doing two jobs without sufficient support.
If your manager is unresponsive or turns off their phone, document any incidents where this impacts your ability to perform your job or where it causes safety concerns. Keeping a record of these instances can be helpful if you need to raise a formal grievance.
You might also consider discussing this with your colleagues or a union representative if you have one. Often, collective action can be more effective in addressing these kinds of issues.
Given the circumstances, you have a right to question whether the additional duties are reasonable and safe. It’s important to make your concerns known and seek clarity on how your employer plans to support you in managing these additional responsibilities.
Useful Links
The legal bit. . .