Updates on employment rules and regulations
.... and a couple of Q&As
Today’s newsletter is free to all subscribers.
I’ve included a couple of questions and answers at the end to give non-paying subscribers a flavour of what to expect with a paid subscription (£3.99 per month).
Every Tuesday, I post 10 questions from real people in real-life situations and give pragmatic, no-nonsense answers. Later in the week, I send out a newsletter on a specific topic I think might be of interest to employees and employers.
Employment Law Updates
It’s that time of year when I set out the any new and updated employment rules and regulations. There are a few this year and generally they become effective in April and October.
Update on national minimum wage rates
Effective from 1st April 2024, the National Minimum Wage, also referred to as the National Living Wage, will see an increase to £11.44 per hour for workers aged 21 and over. Concurrently, the wage rate for employees aged 18 to 20 will be adjusted to £8.60 per hour, and for those between 16 and 17 years old, the rate will be set at £6.40 per hour.
Additionally, apprentices under the age of 18 will now receive an hourly wage of £6.40, marking a significant increase from the previous rate.
Rise in statutory sick pay
From 8th April 2024, the statutory sick pay will be enhanced to a weekly rate of £116.75, offering improved support to employees during periods of illness.
Introduction of rolled-up holiday pay
For holiday years commencing on or after 1st April 2024, the provision for rolled-up holiday pay will be reinstated for employees on variable hours or part-year contracts, including those on zero-hour and term-time agreements. This method includes holiday pay within the normal wages, rather than being paid separately during holiday time. Employers choosing to offer rolled-up holiday pay must apply a 12.07% uplift to the pay for work performed in a pay period, reflecting the UK's statutory holiday entitlement (This will save employers a considerable amount of time calculating holiday pay).
Introduction of carer’s leave
From 6th April 2024, a new statutory right will be granted, allowing employees a week of unpaid leave to care for dependents with long-term needs. This leave is accessible from the first day of employment, emphasizing the commitment to supporting employees with caregiving responsibilities.
Flexible working regulations
New regulations, effective from 6th April 2024, will permit employees to request flexible working arrangements from the commencement of their employment. This policy allows for two requests within a 12-month span, simplifying the process for seeking flexible work conditions.
Simplification of the TUPE (Transfer of Undertakings (Protection of Employment) Regulations) transfer process
Beginning 1st July 2024, the process for handling small TUPE transfers will be streamlined, facilitating easier communication and consultation between employers and employees during transfer scenarios involving smaller entities or workforces.
Rights for non-typical workers
Starting September 2024, employees with irregular work patterns will be entitled to request predictable working hours, enhancing stability and predictability in their employment conditions.
Enhanced protections against workplace harassment
In October 2024, new legislation will mandate employers to actively prevent sexual harassment in the workplace, establishing a proactive approach to ensuring a safe and respectful work environment.
Neonatal care leave
Commencing April 2025, employees will be eligible for 12 weeks of leave for neonatal care, reinforcing the support for families during critical early-life medical care. This entitlement underscores the importance of work-life balance and family wellbeing in employment policies.
These updates signify a comprehensive enhancement of employment rights, reflecting a commitment to improving work conditions and supporting workers across various stages of their life and career.
Enhancements to statutory payments for parental and bereavement leave
Starting from 8th April 2024, new weekly rates will be introduced for statutory maternity, paternity, shared parental, adoption, and bereavement pay. These adjustments will establish the rate at £184.03 or 90% of an employee's average weekly earnings if that amount is lower than the statutory figure. This rate also applies to statutory parental bereavement pay.
Expansion of redundancy protections
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, effective from 6th April 2024, broadens protections for pregnant employees and those on or returning from maternity, adoption, or shared parental leave in redundancy scenarios. This legislation extends priority access to redeployment opportunities, further safeguarding employees during these critical periods.
Here’s a sample of just two of ten Q&As which go out every Tuesday
I’ve never received holiday pay, I work part-time and I’m at college. Can you give any advice?
Q. Hiya Tim, I just have a question about holiday pay as I've never received it on my pay slip or even gotten in, I've worked for nearly 2 years doing part time work while i have been at college, i made around 20k since starting with around 4 hourly pay rate changes, we also receive monthly service charge(tips) wondering what to do in this situation is there any advice you can give ?
A. All workers, including part-time workers, are entitled to holiday pay. This is a right established under the Working Time Regulations 1998. Given your situation as a part-time worker for nearly two years, it's important to understand how holiday pay should be calculated and what steps you can take if you believe you have not received what you're entitled to.
Understanding your holiday pay rights
As a part-time worker, your holiday entitlement is proportional to the number of hours you work. The statutory minimum is 5.6 weeks of paid holiday per year. This includes bank holidays.
For those with fixed working hours, holiday pay is calculated based on your usual hourly rate. If your pay varies (due to hourly pay rate changes or because you receive variable monthly service charges or tips), your holiday pay might be calculated based on the average pay you received over the previous 52 weeks (excluding any weeks you did not get paid).
Generally, tips and service charges are not included in the calculation of statutory holiday pay unless they are paid through the payroll and are subject to National Insurance contributions.
Here are steps to address your concern:
Check your pay slips and employment contract for details about your holiday pay entitlement and how it's calculated. There may be specific clauses or policies in place.
If you find discrepancies or if holiday pay is not mentioned, you should first raise the issue informally with your employer. It could be a misunderstanding or an administrative error.
If the informal approach doesn't resolve the issue, you may need to raise a formal grievance in accordance with your employer's grievance procedure.
If you're still not satisfied with the response, you can seek advice from ACAS, or a trade union (if you're a member). They can provide guidance on your rights and the next steps you can take.
As a last resort, if the matter is not resolved through internal procedures, you may consider taking your case to an employment tribunal. Be aware that there are strict time limits for this – usually three months less a day from the date the last incorrect payment was made.
Don’t be put off by making a tribunal claim. It’s free and a very simple process to do online.
Keep a record of all communications with your employer regarding this issue, as well as detailed records of your hours worked, pay received, and any holiday taken. This documentation can be vital in resolving disputes and, if necessary, in any legal proceedings.
Given the complexity of calculating holiday pay, especially with variable hours and rates, it's essential to approach the issue methodically. Remember, you have a legal right to holiday pay, and it's important to ensure you're receiving what you're entitled to.
I’ve been instructed to take holiday when I don’t want to. Can I refuse?
Q. My employer is making me take two weeks holiday in August but I don't want to take it at that time. Can I refuse?
A. the regulation of holiday entitlement and its scheduling is primarily governed by the Working Time Regulations 1998. According to these regulations, employees are entitled to a minimum of 5.6 weeks of paid annual leave, which equates to 28 days for someone working five days a week. This entitlement can include public holidays.
Employers have the authority to dictate when leave can be taken, provided they give appropriate notice to the employee. The notice period for this should be at least twice as long as the period of leave that the employer wants the employee to take. For example, if your employer wants you to take two weeks off, they should give you at least four weeks' notice.
However, while employers have this right, many will try to accommodate their employees' preferences for taking holiday to ensure morale and maintain a positive working environment. The scheduling of holidays can depend on several factors, including the requirements of the business, seasonal peaks in workload, and ensuring that not all employees are off at the same time.
If you do not want to take your holiday during the period specified by your employer, it's advisable to discuss this with them as soon as possible. You might explain why you would prefer not to take your holiday at that time and potentially propose alternative dates. It's beneficial to approach this conversation with flexibility and understanding of the business's needs as well.
Unfortunately, if your employer has followed the correct notice period and has a legitimate business reason for specifying when holidays should be taken, it can be challenging to refuse outright. If you believe your employer is being unreasonable or if this issue is part of a larger pattern of unfair treatment, you might want to seek further advice.
Remember, open communication is key. Many employers will be receptive to your needs and may be willing to find a compromise that works for both parties.
Playboy dancer recruited by solicitor awarded almost £30,000
law student recruited by a solicitor at the Playboy casino in London is owed almost £29,000, an employment tribunal has found.
Employment Judge Krepski ruled that the unnamed claimant should be paid the sum because her purported employer, a solicitor who was also unnamed, was in breach of contract.
The claimant was awarded £4,675 in unpaid wages and £18,000 in compensation for injury to feelings, as well as £5,000 in interest. Law Society Gazette
Deloitte wins race discrimination tribunal after director’s ‘Pocahontas’ remarks
Deloitte has emerged victorious in an employment tribunal after a former staff member claimed they were paid less than their male colleagues and discriminated against because of their race and gender. Financial News
BBC: experienced Arab journalist ‘racially harassed’, rules employment tribunal
An experienced Arab journalist working for the British Broadcasting Corporation (BBC) has suffered from racial harassment, a British employment tribunal has ruled. Ahmed Rouaba, a journalist of Algerian origin who works for the BBC Arabic Service’s digital platform, was “racially harassed” by his colleague Safaa Jibara, without proper and necessary actions from managers and the organisation’s Human Resources department, ruled the tribunal yesterday.Middle East Monitor
Worker who bumped into boss on holiday wins tribunal
A worker who bumped into his boss while on holiday in Portugal has won his unfair dismissal tribunal.
Gary Maloney, a used-car salesman at Bill Griffin Motors in Dublin, was awarded €12,500 (around £10,600) for loss of earnings as he was unemployed for five months following his dismissal. HR Magazine