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Employment Law Update
By: Marie Walsh
On: 22nd April @ 13:00
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Employment Law Update
22nd April 2015
Marie Walsh & Caroline Acton
Today’s Session
TOPICS
Compensation Limits National Minimum Wage
ACAS Early Conciliation Holiday Pay
Fitness for Work Flexible Working
Whistleblowing Cases
Antenatal Appointments and
Adoption Leave
SPL
• 6 April 2015
• Unfair dismissal compensation - £76,574 to £78,335
• A Week’s Pay – £464 to £475
New Compensation Limits
• NMW Increased 1 October 2014:
- £6.31 to £6.50 (21 and over)
- £5.03 - £5.13 (18 to 20)
- £3.72 - £3.79 (under 18)
- £2.38 - £2.73 (Apprentice)
• NMW Penalty increased - £5,000 - £20,000
• Government Names & Shames
• Proposed increase further to NMW from £6.50 to £6.70
National Minimum Wage (NMW)
• 5th April 2015
• £138.18 – 139.58
• SMP
• SPP
• SAP
SMP/SPP/SAP
• Pre-claim
• Contact online or by phone
• Stop the clock
• Impact on claims?
- Q1 2014 to Q2 2014
- 22 % drop in claims
ACAS Early Conciliation
Holiday Pay
• British Airways plc –v- Williams and Ors 2012
• Lock –v- British Gas Trading Limited and Ors
• Bear Scotland
Shared Parental Leave
• New Legal entitlement – 1 December 2014
• Applies to babies due (or children placed for adoption) on or after 5 April
2015
• Opportunity to be flexible/share caring arrangements
• Leave calculated using mother’s entitlement to maternity/adoption leave
• Employees can:
 stop/start SPL
 return to work during periods of leave
• Maternity/Paternity/Adoption
Fitness For Work (FFW)
• New Health and Work Service
• Government Funded
• 4 weeks absence
• Phased introduction
• Update policies?
Flexible Working
• Extended to all employees – 30 June 2014
• 26 weeks continuous service
• Less prescriptive process
• Written request
• Application to be dealt with reasonably
• One request in any 12 month period
Antenatal appointments
• 1st October 2014 - Workers can accompany a pregnant woman
• “qualifying relationship”
• Two occasions – 6.5 hours each
• Unpaid
Adoption Leave
• 5th April 2015
• Day one right
• Statutory Adoption Pay is changing to come in line with SMP
• Also 5th April 2105 Paid time off for up to 5 Adoption Appointments for
main adopter.
• Secondary adopter unpaid time for up to 2 appointments
Parental Leave
• Distinct and separate to SPL
• Time off to look after child's welfare
• Normally unpaid
• Now extended from 5th April 2015 from aged 5 cap to 18
Cases
• Gallop v Newport City Council [2013] EWCA
• Game Retail Ltd v Laws UKEAT
• Karsent Kaltoft v Kommunemes Landsforening
• USDAW v Ethel Austin Ltd & Others (Woolworths case)
Questions
Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: caroline@consilialegal.co.uk
marie@consilialegal.co.uk
Twitter: @consiliaemplaw
Linked in: https://www.linkedin.com/in/MarieWalshsolicitor
Thank You
Telephone: 0113 322 7240
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Employment Law Update April 2015 (CIPD)

  • 1. Employment Law Update By: Marie Walsh On: 22nd April @ 13:00 Running in partnership with the CIPD North Yorkshire Branch Starting Soon FREE WEBINAR
  • 2. Housekeeping “Please use the chat box for questions, thoughts and Debate”
  • 3. Applicant Tracking System (ATS) Careers websites Recruitment Support  Streamline your recruitment processes  Improve recruitment communications  Promote your employer brand  Reduce the costs of recruitment  Tighter control on recruitment decisions  Manage the ROI of recruitment  Attract better quality people, faster Recruitment Advertising
  • 4. Employment Law Update 22nd April 2015 Marie Walsh & Caroline Acton
  • 5. Today’s Session TOPICS Compensation Limits National Minimum Wage ACAS Early Conciliation Holiday Pay Fitness for Work Flexible Working Whistleblowing Cases Antenatal Appointments and Adoption Leave SPL
  • 6. • 6 April 2015 • Unfair dismissal compensation - £76,574 to £78,335 • A Week’s Pay – £464 to £475 New Compensation Limits
  • 7. • NMW Increased 1 October 2014: - £6.31 to £6.50 (21 and over) - £5.03 - £5.13 (18 to 20) - £3.72 - £3.79 (under 18) - £2.38 - £2.73 (Apprentice) • NMW Penalty increased - £5,000 - £20,000 • Government Names & Shames • Proposed increase further to NMW from £6.50 to £6.70 National Minimum Wage (NMW)
  • 8. • 5th April 2015 • £138.18 – 139.58 • SMP • SPP • SAP SMP/SPP/SAP
  • 9. • Pre-claim • Contact online or by phone • Stop the clock • Impact on claims? - Q1 2014 to Q2 2014 - 22 % drop in claims ACAS Early Conciliation
  • 10. Holiday Pay • British Airways plc –v- Williams and Ors 2012 • Lock –v- British Gas Trading Limited and Ors • Bear Scotland
  • 11. Shared Parental Leave • New Legal entitlement – 1 December 2014 • Applies to babies due (or children placed for adoption) on or after 5 April 2015 • Opportunity to be flexible/share caring arrangements • Leave calculated using mother’s entitlement to maternity/adoption leave • Employees can:  stop/start SPL  return to work during periods of leave • Maternity/Paternity/Adoption
  • 12. Fitness For Work (FFW) • New Health and Work Service • Government Funded • 4 weeks absence • Phased introduction • Update policies?
  • 13. Flexible Working • Extended to all employees – 30 June 2014 • 26 weeks continuous service • Less prescriptive process • Written request • Application to be dealt with reasonably • One request in any 12 month period
  • 14. Antenatal appointments • 1st October 2014 - Workers can accompany a pregnant woman • “qualifying relationship” • Two occasions – 6.5 hours each • Unpaid
  • 15. Adoption Leave • 5th April 2015 • Day one right • Statutory Adoption Pay is changing to come in line with SMP • Also 5th April 2105 Paid time off for up to 5 Adoption Appointments for main adopter. • Secondary adopter unpaid time for up to 2 appointments
  • 16. Parental Leave • Distinct and separate to SPL • Time off to look after child's welfare • Normally unpaid • Now extended from 5th April 2015 from aged 5 cap to 18
  • 17. Cases • Gallop v Newport City Council [2013] EWCA • Game Retail Ltd v Laws UKEAT • Karsent Kaltoft v Kommunemes Landsforening • USDAW v Ethel Austin Ltd & Others (Woolworths case)
  • 19. Telephone: 0113 3571317 Website: www.Consilialegal.co.uk email: caroline@consilialegal.co.uk marie@consilialegal.co.uk Twitter: @consiliaemplaw Linked in: https://www.linkedin.com/in/MarieWalshsolicitor Thank You
  • 20. Telephone: 0113 322 7240 Website: www.shorebird-rpo.com Email: marketing@shorebird-rpo.com Twitter: https://twitter.com/ShorebirdRPO Thank you! CLICK HERE TO SUBSCRIBE TO OUR MONTHLY EMAIL ABOUT FORTHCOMING WEBINARS You can access the slides and recordings via these social channels too #SBWebinar