UK employment law 2019

The #legislation, directives and judgements that impact on the rights and responsibilities of UK employers and their employees never stand still. UK employment law is continually evolving and developing which means it is imperative that all those who represent or have staff reporting to them need to maintain a good working knowledge of the key legislation.  

Yesterday the Government announced proposals for what look to be the biggest changes to employment law for 20 years.  It is imperative that #Directors, #HR staff, #Unions and Employee Reps as well as all managers and staff keep track of these.

Key proposals include:-

• changing the rules on continuity of employment, so that a break of up to four weeks (currently one week) between contracts will not interrupt continuity

• extending the right to a written statement of terms and conditions to workers (as well as employees), and requiring the employer to give it on the first day of work (rather than within two months)

• legislation to streamline the employment status tests so they are the same for employment and tax purposes, and to avoid employers misclassifying employees/workers as self-employed.

• a ban on employers making deductions from staff tips

• abolishing the #SwedishDerogation, which gives employers the ability to pay agency workers less than their own workers in certain circumstances

In terms of zero hours contracts, the government is proposing a right to request a fixed working pattern for those who do not have one, after 26 weeks on a non-fixed pattern. It is probable this right will be similar to the right to request flexible working, i.e. a series of procedural requirements an employer must follow but discretion for the employer to refuse.

Ministers say they will also legislate to increase the maximum level of penalty that Employment Tribunals can impose in instances of aggravated breaches of contract to £20,000. Further to this, they will create an obligation on Employment #Tribunals to consider the use of sanctions where employers have lost a previous case on broadly comparable facts.

A new single labour market enforcement agency will be launched in 2019 to better ensure that vulnerable workers are more aware of their rights and have easier access to them and that businesses are supported to comply.

But these are not the only changes

The #GDPR impacted on employee record keeping for example and 

 2019 is likely to see changes relating to

Immigration 
with potential implications for employers needing to verify the right to work and employment of foreign nationals

Pay Reporting
Gender pay reporting looks to be extending to include executive to employee pay and benefit ratio and potentially ethnicity pay gap reporting too

Itemised Pay for workers
in addition to employees

National Minimum Wage

Statutory family and sick pay

Parental bereavement leave

Family friendly policies

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