UK Employment Law. 4 changes effective 01 October 2014
4 changes come into effect today, 01 October 2014
1.The right of a tribunal to order an equal pay audit inside a whole company or organisation based upon evidence from just one case
2. Time off to accompany a pregnant woman to Ante-Natal appointments
3. New payments to employers when staff who are military reservists are called up
4. Increase in national minimum wage rates
Employment Law Training:
http://concrew-training.co.uk/home/support-for-education/equality-and-diversity/understanding-employment-law
Many employment grievances and tribunal claims arise due to a lack of clarity or understanding about legislation and/or the unreasonable behaviour, whether on the part of the employer or employee or sometimes both. Periodic training in employment law is very important.
Employment legislation has seen significant changes over the past 24 months and new legislation is often misunderstood. In some cases, employers are totally unaware of the existence of the legislation. Ignorance of the law is never a valid defence. Ignorance of an offence is not a defence. Ignorance usually proves very costly in money and damaged reputation!
At the end of the day, to successfully defend an employment tribunal claim, an employer will need to satisfy the court that it acted within the law. An employer is more likely to satisfy the court if it can show that its management team is fully trained and conversant with the latest legislation.
No company, business or organisation can afford to have members of staff cutting corners, riding roughshod over procedural matters or claiming ignorance of the law; it is essential that all Line Managers and HR teams really do understand the implications of the latest legislation.
Employment Law Training:
http://concrew-training.co.uk/home/support-for-education/equality-and-diversity/understanding-employment-law
1. EQUAL PAY AUDITS
Employment tribunals now have the power to order any employer that loses an equal pay case to carry out an audit. Ministers say this is part of their strategy for closing the pay gap between the sexes. There are some limits on the new powers.
A court cannot order an equal pay audit if:-
• an audit has already been completed in the previous three years
• it is clear that action is required to avoid equal pay breaches occurring or continuing, without an audit
• the breach gives no reason to think there may be other breaches
• the disadvantages of an audit would outweigh its benefits.
But where an audit has been ordered, the important components are:
• the audit must be sent to the tribunal by the specified date so that it can assess compliance
• if the audit is compliant, it must be published on the employer’s website and be left there for three years
• if an employer unreasonably fails to conduct an audit, the tribunal can impose a penalty of up to £5,000.
Employers should be alert to the new equal pay rules, particularly as the latest Acas figures show that 17,000 people have used Acas' new Early Conciliation service in its first three months of operation.
Where an equal pay dispute arises, employers should be prepared not only to defend the claim, but also to articulate arguments as to why a tribunal must not order an audit, should the case be lost.
Additionally, the Equality and Human Rights Commission’s statutory code of practice on equal pay can be taken into account by tribunals. Managers are well advised to ensure that all its principles are being followed, including how to carry out a compliant equal pay audit in-house. This provides an opportunity to examine pay structures, rectify any pay inequalities where they are found, and put in place an action plan that ensures that present and future employees are awarded equal pay, in order to avoid future claims.
Concrew Training can provide training on equal pay audits.
2. TIME OFF TO ACCOMPANY A PREGNANT WOMAN TO ANTE-NATAL APPOINTMENTS
Expectant fathers, or the partner of a pregnant woman, are entitled to take unpaid time off work to attend antenatal appointments with their partner. The Department of Business, Innovation and Skills has produced a guide for employers, which sets out a series of frequently asked questions including who is entitled, how much time an employee can take off, and an employee’s right to redress if their request for time off is refused.
3. NEW PAYMENTS TO EMPLOYERS WITH MILITARY RESERVISTS New payments are available to some employers when staff who are military reservists get called up. At present, military reservists are paid directly by the Ministry of Defence - and employers can claim expenses in respect of additional costs incurred whilst replacing the reservist (to a maximum of £110 per day). Small and medium employers are able to receive up to £500 per month for each full month a reservist is absent from work (reduced pro rata for parts of a month, or part-time workers).
4. NATIONAL MINIMUM WAGE INCREASES The national minimum wage has increased: • The adult rate increases to £6.50 per hour • The young workers rate increases to £3.79 per hour • The apprenticeship rate increases to £2.73 per hour
EMPLOYMENT LAW TRAINING
http://concrew-training.co.uk/courses/employment-law
#hr #humanresource #edchat #edleadership #collegechat #ceo #management #business #entrepreneur
1.The right of a tribunal to order an equal pay audit inside a whole company or organisation based upon evidence from just one case
2. Time off to accompany a pregnant woman to Ante-Natal appointments
3. New payments to employers when staff who are military reservists are called up
4. Increase in national minimum wage rates
Employment Law Training:
http://concrew-training.co.uk/home/support-for-education/equality-and-diversity/understanding-employment-law
Many employment grievances and tribunal claims arise due to a lack of clarity or understanding about legislation and/or the unreasonable behaviour, whether on the part of the employer or employee or sometimes both. Periodic training in employment law is very important.
Employment legislation has seen significant changes over the past 24 months and new legislation is often misunderstood. In some cases, employers are totally unaware of the existence of the legislation. Ignorance of the law is never a valid defence. Ignorance of an offence is not a defence. Ignorance usually proves very costly in money and damaged reputation!
At the end of the day, to successfully defend an employment tribunal claim, an employer will need to satisfy the court that it acted within the law. An employer is more likely to satisfy the court if it can show that its management team is fully trained and conversant with the latest legislation.
No company, business or organisation can afford to have members of staff cutting corners, riding roughshod over procedural matters or claiming ignorance of the law; it is essential that all Line Managers and HR teams really do understand the implications of the latest legislation.
Employment Law Training:
http://concrew-training.co.uk/home/support-for-education/equality-and-diversity/understanding-employment-law
1. EQUAL PAY AUDITS
Employment tribunals now have the power to order any employer that loses an equal pay case to carry out an audit. Ministers say this is part of their strategy for closing the pay gap between the sexes. There are some limits on the new powers.
A court cannot order an equal pay audit if:-
• an audit has already been completed in the previous three years
• it is clear that action is required to avoid equal pay breaches occurring or continuing, without an audit
• the breach gives no reason to think there may be other breaches
• the disadvantages of an audit would outweigh its benefits.
But where an audit has been ordered, the important components are:
• the audit must be sent to the tribunal by the specified date so that it can assess compliance
• if the audit is compliant, it must be published on the employer’s website and be left there for three years
• if an employer unreasonably fails to conduct an audit, the tribunal can impose a penalty of up to £5,000.
Employers should be alert to the new equal pay rules, particularly as the latest Acas figures show that 17,000 people have used Acas' new Early Conciliation service in its first three months of operation.
Where an equal pay dispute arises, employers should be prepared not only to defend the claim, but also to articulate arguments as to why a tribunal must not order an audit, should the case be lost.
Additionally, the Equality and Human Rights Commission’s statutory code of practice on equal pay can be taken into account by tribunals. Managers are well advised to ensure that all its principles are being followed, including how to carry out a compliant equal pay audit in-house. This provides an opportunity to examine pay structures, rectify any pay inequalities where they are found, and put in place an action plan that ensures that present and future employees are awarded equal pay, in order to avoid future claims.
Concrew Training can provide training on equal pay audits.
2. TIME OFF TO ACCOMPANY A PREGNANT WOMAN TO ANTE-NATAL APPOINTMENTS
Expectant fathers, or the partner of a pregnant woman, are entitled to take unpaid time off work to attend antenatal appointments with their partner. The Department of Business, Innovation and Skills has produced a guide for employers, which sets out a series of frequently asked questions including who is entitled, how much time an employee can take off, and an employee’s right to redress if their request for time off is refused.
3. NEW PAYMENTS TO EMPLOYERS WITH MILITARY RESERVISTS New payments are available to some employers when staff who are military reservists get called up. At present, military reservists are paid directly by the Ministry of Defence - and employers can claim expenses in respect of additional costs incurred whilst replacing the reservist (to a maximum of £110 per day). Small and medium employers are able to receive up to £500 per month for each full month a reservist is absent from work (reduced pro rata for parts of a month, or part-time workers).
4. NATIONAL MINIMUM WAGE INCREASES The national minimum wage has increased: • The adult rate increases to £6.50 per hour • The young workers rate increases to £3.79 per hour • The apprenticeship rate increases to £2.73 per hour
EMPLOYMENT LAW TRAINING
http://concrew-training.co.uk/courses/employment-law
#hr #humanresource #edchat #edleadership #collegechat #ceo #management #business #entrepreneur
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