The Covid-19 pandemic still remains somewhat at the forefront of the new legislation, there are a number of key changes, ranging from increases to the national living wage to the enforcement of gender pay gap reporting, that both employers and employees should be aware of, according to Employment Solicitor Kerry Hudson.

Here’s what you need to know.

The main development in the incoming legislation will come in the form of the Employment Bill, which comes into force on the 1^st April introducing a plethora of new workers’ rights, as well as further obligations for employers.

Minimum wage is also set to rise along with other statutory rates, with the national living wage in particular increasing from £8.91 to £9.50. Statutory sick pay is also set to change from next month, rising from £96.35 per week to £99.35 per week. 

From April, organisations with 250 or more employees will also be obligated to publish an annual report containing their gender pay gap data. For public sector employers, the deadline for this will be 30^th March 2022, with a snapshot date of 31^st March 2021, and for private sector employers the deadline is 4^th April 2022, with the subsequent snapshot date being 5^th April 2022.

Also from 5^th April, the Home Office’s adjusted right-to-work checks regime is due to come to an end, meaning that employers will return to conducting full right-to-work checks using original documentation after that date.

Perhaps one of the most crucial forms of legislation that will pass is from 1^st April the current guidance on voluntary Covid-status certification in domestic settings will be removed, meaning there will no longer be a requirement for every employer to explicitly consider Covid-19 in their risk assessments. Free universal symptomatic and asymptomatic testing for the general public will also no longer be provided.

Further regulations set to come into force next month will see vaccinations becoming a legal requirement for health and social care workers in a face-to-face role unless they are exempt on medical grounds.

Further changes in legislation are also set to be put into motion later on this year which will have implications for both employers and employees.

For instance, with flexible working now very much a modus operandi of business life, a recent government consultation has considered making flexible working a default option for employees from day one of employment.

Reforms to the Modern Slavery Act which could force organisations to review their anti-slavery statements and legislation regarding ethnicity and disability equal pay gap reporting and data protection will also come into force over the forthcoming year.

Finally, as employers are under no proactive duty to prevent sexual harassment in the workplace, more onus is set to be placed on employers to avert such occurrences of wrongdoing.

With a host of new employment laws coming into force in the coming weeks it is vital that both employers and employees alike gain a full understanding of the forthcoming legislative changes as they could well bring substantial implications to both entities.

Whilst many of the incoming changes are clear cut, those such as making vaccinations a mandatory requirement for employees in some sectors, bring uncertainty for employees, especially with regards to those who are under employment yet wish to opt out of being vaccinated. A key issue that could potentially arise will be the risk of potential unfair dismissal and discrimination claims against employees who refuse to be vaccinated.

Therefore, if employees or organisations do have any concerns regarding the upcoming legislative changes next month, or those that are set to be put in motion over the coming year, then it is vital that you seek the advice of a professional in order to gain a full understanding of how it might affect you either as an employer or an employee.

Contact us if you require Employment Law advice

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As a legal right it is enforceable before the Courts and the Employment Tribunals, but is also policed by the Government via HMRC and BIS (formerly DTI).

However, despite the clarity of rules and the fact that the requirement to pay NMW has been long established, some employers continue to ignore it and pay under the NMW. The Government has therefore set about toughening up the sanctions in order to force compliance; the new rules are expected to come into force in February 2014.

Penalties

Presently penalties are payable where a breach of the NMW is found. They are capped at 50% of the underpayment, and subject to a maximum £5,000 per person paid under the minimum wage, and subject to a 50% reduction if paid within 14 days of notice being provided by the HMRC.

Under the new rules, the government intends to increase the cap so that the fine will be equal to 100% of the underpayment for each employee. It will also increase the fine so that the sum of up to £20,000 per person found to be paid under the NMW. It is unclear whether the discount for early payment of any penalty will be payable.

It should be noted that the penalty is payable IN ADDITION to the requirement that the employer pays any employee the sums by which they have been underpaid.

Naming and Shaming

In 2013 the Government began “naming and shaming” employers that paid under the NMW; clearly this caused damage to the employers reputation making it increasingly difficult for them to attract new employees and also win new contracts for work.

However, under the 2013 scheme, a matter would only be referred to BIS where the employer had arrears of £2,000 or greater and an average of £500 per affected employee. Under the new rules all employers who fail to respond to a Notice of Underpayment issued by the HMRC within 28 days will be notified to BIS. The employer will then have 14 days to make representations to BIS as to why they should not be subject to naming and shaming; the only considerations that BIS will take into consideration are: i) where naming by BIS carries a risk of personal harm to an individual or their family, ii) there are national security risks associated with naming, iii) there are other factors which suggest that it would not be in the public interest to name the employer or company. Failure to submit representations, or failure to submit successful representations will see the employer “named and shamed” in the next BIS press release.

Conclusion

All employers should review their pay annually to ensure that it remains compliant with the NMW regulations, as a failure to do so could be very expensive and damaging to their business. Of course, the financial implications do not even start to consider the administrative headache that would also ensue in dealing with the HMRC, BIS, and their enforcement teams should they suspect that an underpayment of NMW is occurring or has occurred in the past, or indeed in dealing with any court/tribunal claim that may be issued.

For the avoidance of doubt, given that the NMW becomes an implied contractual term, an employee can bring a claim up to 6 years from the date of the underpayment.

If you employ others and you are unsure as to what constitutes payments of NMW, or you need further advice as to whether this applies to you, then please contact us on 024 7653 1532.

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