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Law Update

Minimum Wage Increases

Don't forget that on 1st October 2013 national minimum wage increases for all levels.

21 and over goes up from £6.19 to £6.31

18 to 20 rises from £4.98 to £5.03

Under 18 moves from £3.68 to £3.72 

And Apprentice* increases from £2.65 to £2.68

Employers ensure you make the relevant adjustments and employees make sure you are being paid correctly. 

Unison vs. Tribunal Fees

Harries Human Resources reported in our blog dated 10 June 2013 “Tribunal Fees Confirmed” about the changes in full swing for the employment tribunal services.
On and after 29 July 2013 the tribunal service has implemented their charging structure for anyone wishing to make a claim based on a two level fee platform.

However, trade union UNISON has launched a legal challenge against the fee introduction.  This judicial review, if granted could revoke the new fee charges. The union has been granted permission from the Royal Courts for a review hearing in October 2013.

Latest dates announced for Employment Law changes

Further details of when provisions of the Enterprise & Regulatory Reform Act 2013 due to come into force have now been published by the department for Business, Innovation & Skills. The details include the repeal for third-party harassment covered under the Equality Act 2010 and the preface of early conciliation via ACAS.
 
The provisions under the Act come into force on the 25 June 2013.
 
In July 2013 the government plans to introduce a cap of 12 months’ pay on the compensatory award limit for unfair dismissal.

Tribunal Fees Confirmed

The tribunal service has now confirmed the implementation date for its new fee structure. As of the 29 July 2013 fees will be applicable for all employment tribunal claims and appeals lodged. The draft Employment tribunal and Employment Appeal Tribunal fees order 2013 will take effect on and after the 29 July 2013. Moving forward claimants will be required to make a payment based on levels to submit a claim. This introduction will not affect claims already submitted or appeals made before the Order comes into force.

Next weeks blog update DO NOT MISS OUT!

Next week we give you details of:

  • The forthcoming Employment Tribunal Fees and how this may affect you and your employees.

  • Useful information on CRB checks including the new and long awaited 'mobile' DBS certificates.

  • And our round-up of important case law, with cases on post-termination restrictions, redundancy, contracts and TUPE.

Email us at info@harrieshr.co.uk to receive your free personnel file check list so you can check that you have everything legally required for each employee on file!

2013 Legal Updates

It is fair to say year on year a significant amount of change is inevitable. With change however comes uncertainty.
 
The key changes which have come into force & are still due to take effect include:
 
• 1February – New tribunal award limit came into force for unfair dismissal an increase from £72,300 to £74,200.
• 8March – Parental leave increased from 13 weeks to 18 weeks.
• March- DBS (CRB) checks became portable between employers.
• 6April – Collective consultation periods were reduced to 45 days.

Time off Work

At a time where women are choosing to delay starting a family questions have arisen regarding time off for fertility treatment.
 
So what rights does an employee have in respect of time off for fertility treatment?
 
Well, there are no statutory rights to time off for fertility treatment.
 
However, some employers are now choosing to adopt a policy along these lines:
 
  • Permit employees to take up to (two/three/five) days leave in any one year to undergo fertility treatment.  This applies equally to the partner

Employee-shareholder contracts UPDATE!!

Further to my blog a few weeks ago regarding the introduction of an Employee-shareholder contract the latest news on this fascinating topic and its shake-up to the world of terms and conditions of employment follows:
 
The government initially planned to introduce the new type of contract in April 2103. The House of Lords however rejected it on their reading of the Growth and Infrastructure Bill leading to The House of Commons ultimately deciding whether or not to reinstate the Government's proposal on employee shareholder contracts.

TUPE TRANSFER & CHECKING ELIGIBILITY TO WORK STATUS

In the event that your Company has gone through a TUPE transfer, you do have a responsibility to check that all the transferred employees have the right to work in the UK. It is even more important to note you only have 28 days in which to carry out these checks. 
 
If you fail to do these checks it could result in your Business being fined up to £10,000 if an illegal worker is identified by the home office.
 
If you have any doubt about whether or not the documentation is valid, the Home Office will check the documentation on your behalf, but please note that this checking process can take up to 4 working days.

The Ins and Outs of Parental Leave

Recently the government implemented a revised parental leave directive. This change meant an increase to parental leave from 13 weeks to 18 weeks as at the 8 March 2013.
 
But what does this actually mean? The right to parental leave is a right to take up to 18 weeks unpaid leave if you are an employee with one year or more service and have parental responsibility for a child up to 5 years old. In cases where the child is disabled parental leave can be taken at any time up to the child becoming 18.