Employment Law Update. Emma Bagshaw Consultant Senior Solicitor, Seabury Beaumont

Transcription

1 Employment Law Update Emma Bagshaw Consultant Senior Solicitor, Seabury Beaumont

2

3 The weather summary 1. Modern Slavery 2. Woolworths 3. TUPE 4. Shared Parental Leave 5. Preventing Illegal Working 6. Zero hours 7. Trade Unions 8. Gender Pay Gap reporting & Discrimination 9. Sickness Absence 10. Holiday pay

4

5 WHO S AFRAID OF THE BIG BAD TRIBUNAL?

6

7

8 MODERN SLAVERY

9

10

11 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Universal Declaration of Human Rights 1948

12 What is the female/male ratio of victims? A.20% women 80% men B.80% women 20% men C.50% women 50% men D.100% women E.100% men

13 How are employers affected? Out Hold a person in slavery or servitude Require forced or compulsory labour Human trafficking with a view to exploitation In Yearly slavery and human trafficking statement Public bodies duty to notify/report

14 Slavery & human trafficking statement WHO? Companies over 36 million turnover Supply goods and services WHAT? Published statement Board approval Signed by directors

15 Slavery and human trafficking statement WHEN? Every financial year Publish within 6 months of year end. WHERE? Publish on website Visible link on homepage

16 Prevent exploitation? Your business Your suppliers Your recruitment agencies

17 In your statement Supply chains Business Structure KPI Performance About your company Are you meeting your targets? Method of assessment? Where is the risk? Level of risk? How are you identifying risk? How are you reducing risk? Policies Processes Business Supply chains Training

18 Look for the signs: 1. Legal documents 2. Pay 3. Right to work 4. Shared occupancy 5. Appearance 6. Behaviour 7. Medical care 8. Fear of authorities 9. Debt bondage

19 More information

20 WOOLWORTHS

21

22 Consultation Requirements Collective consultation is triggered where: 20 or more redundancies are proposed within 90 days At one establishment Employer consults with trade union or employee representatives Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)

23 What should Woolworths have done? Multiple stores with less than 20 employees

24 What should Woolworths have done? ET EAT ECJ CA Stores less than 20 employees NOT ENTITLED Stores less than 20 employees ENTITLED Over to you UK?

25 ABSENT EMPLOYEES AND TUPE TRANSFERS?

26 Who transfers? The activities of the BT customer services are being outsourced. TUPE applies Who stays and who goes?

27 Customer services manager who is on holiday?

28 Customer services operator on maternity leave?

29 Secretary who has been off sick for 1 month?

30 Manager off sick for 1 year?

31 Manager off sick for 6 years and receiving PHI?

32 SHARED PARENTAL LEAVE

33

34 52 weeks shared parental leave Parent 1 Parent 2 Mother 2 wks 52 weeks

35 Options How? When? Who? Eligible? No limit on number of units taken within 52 weeks Minimum 1 week periods 5 April 2015 Birth to 1 st birthday Mother primary adoptive parent Father Husband Partner Civil Partner 40 weeks prior to birth Primary carers of child Eligible pay status

36

37 Discrimination risks Direct discrimination Indirect discrimination

38

39 What do you think? - Issues? - Problems?

40 Additional rights Ante-natal appointments: 2 antenatal appointments Unpaid time off Adoption appointments: Right to attend Right to paid appointments (only 1 parent) 5 appointments

41 Adoption Leave Day 1 right Enhanced 90% pay for 6 weeks New qualifying rights: Surrogacy arrangements Fostering to adopt

42

43 Look forward Extension of SPL to working grandparents. 30 hours childcare proposal

44 Look forward

45 RECRUITMENT

46 DBS Checks? When is it appropriate to disclose spent convictions? Disclosure and Barring Service Basic Standard Enhanced Illegal to require any person to obtain their criminal record through a subject access

47 PREVENTING ILLEGAL WORKING

48

49 Update your guidance Unsecure documents removed from List A and List B Biometric Residence Permits extended Repeat in right to work checks where waiting to collect BRP Old style non-eea residence cards are being phased out

50 Immigration Bill 2015 New criminal offence Extension 2 years to 5 years imprisonment Licencing Business closures Immigration Skills Charge Public sector customer facing roles

51

52 And oh so sneaky. know

53 And oh so sneaky. reasonable cause to believe

54 ZERO HOURS

55

56 744,000 have a zero hour contract as their primary employment Office of National Statistics

57 Zero hours

58 Zero hours contracts Ban on exclusivity clauses Unfair dismissal protection Detriment protection Day 1 right BIS Guidance

59 TRADE UNIONS

60

61 Trade Union Bill Supervision of picketing Ballot thresholds Industrial action controls

62 Balloting THEN 50% vote yes NOW 50% members vote 51% vote yes

63

64

65 Balloting THEN Strike or action short of strike NOW Provide information about the issues in dispute Specify type of action short of strike Timeframe for action

66 You ll be provided with THEN Votes cast Number YES votes Number No votes Spoiled votes NOW Number of eligible voters 50% voting target reached

67 Industrial Action Controls THEN Employer notice of strike 7 days No expiry of industrial action after ballot NOW Employer notice of strike to 14 days Industrial action expire 4 months after ballot

68 45% of workers say that they have observed intimidatory behaviour on the picket line or more generally Government consultation

69 Supervision of picketing Supervision of picketing Requirement to show employer letter from TU authorising their appointment as supervisor Supervisor will not need to be names Code of Practice will be amended Social media Protests against picketing

70 Hiring staff during strikes Consultation ongoing Employers currently prohibited from taking on agency staff

71 DISCRIMINATION

72 GENDER PAY GAP REPORTING

73

74 Gender Pay Voluntary Compulsory

75 What is the current pay gap? A.6% B.10% C.19% D.32%

76 Did you know? 25% FTSE Boards 20% SMEs led 233,000 apprentices

77 Gender Pay Gap Reporting Who? Organisations with 250 employees When? Regulations by 25 March 2016 What? Gender Pay gap: Average basic pay Total average pay Bonuses

78 Does UK law prohibit caste discrimination? A. YES B. NO

79 Recommendations Tribunals can no longer make recommendations

80 Can a company be discriminated against? A.YES B.NO

81 SICKNESS ABSENCE

82 Fit for Work

83

84 Sick leave and holiday carry over Claims limited to 2 years (from 1 July 2015)

85 Mr Plumb Mr Plumb absent from work April 2010 February 2014 after shoulder surgery September 2013, Mr Plumb asked to take his accrued holiday Employer said: Pay you for 2013/14 No way to pre 2013 Employee claimed for unpaid holiday.

86 Is there a limit? 18 months

87 HOLIDAY PAY

88

89 Working Time What counts as working time? Time working At employer s disposal Carrying out activities or duties Working Time Regulations 1998

90 Europe s take on working time Security system technicians visit client premises. Load vans before finish work at depot Assignments are allocated by mobile application Travelled from home to 1 st appointment During travel time could be diverted to another client. Return to depot after last appointment Employees with no fixed or habitual place of work Travel between home and 1 st appointment included

91 What do you think?

92 Commission and holiday pay Working Time Regs week s pay for each week of work normal remuneration No normal hours: average of all pay during 12 weeks (incl. overpayments & commissions) Normal hours: basic salary, no overtime (except guaranteed), bonus, commission, overtime premiums, allowances

93 Europe disagrees Overtime Commission Bonuses

94 Williams & Lock 1. Is the payment intrinsically linked to the tasks ask to perform under contract? 2. Money paid to remunerate? 3. Is the payment linked to the personal & professional status of the employee?

95 From now on IN Commission Incentive bonuses Guaranteed overtime Personal & professional status payments Performance & productivity bonuses Shift allowance & premiums Standby payments Travel (taxable)

96 From now on OUT Benefits in kind Bonuses not related to performance Expenses One off bonuses Occasional payments

97 Voluntary Overtime

98

99 INTO THE FUTURE

100

101

102 EU Referendum 2017

103 What do you think?

104 And relax it s lunch Emma Bagshaw Consultant Senior Solicitor Seabury Beaumont T: E: eb@seaburybeaumont.co.uk

105