The document is a newsletter from BHW Employment Law summarizing recent changes to UK employment law. Some key changes discussed include:
1) Introduction of fees for employment tribunal claims, with Type A claims costing £160 issue fee and £230 hearing fee, and Type B claims such as unfair dismissal costing £250 issue fee and £950 hearing fee.
2) "Protected conversations" can now be used when terminating employment to avoid legal proceedings, though employers must be careful not to engage in "improper behavior" which could allow employees to submit settlement offers as evidence.
3) A new "employee shareholder" employment status will exchange certain rights like unfair dismissal for company shares worth over £2000
Thought leadership interactive PDF for Croner Solutions that captures the thoughts of experts on key developments in HR, employment and health & safety. It looked look back on past and also future trends to deliver valuable insight.
time
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Thought leadership interactive PDF for Croner Solutions that captures the thoughts of experts on key developments in HR, employment and health & safety. It looked look back on past and also future trends to deliver valuable insight.
time
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
The Contract of Employment in Ireland-Employment Rights in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland
Welcome to the Autumn 2013 edition of the BHW Employment Law Newsletter.
It seems that despite Government rhetoric to leave employment law alone, the Ministers can’t help themselves from dabbling in the area!
We have therefore collated information on the most important changes to help keep you up to date.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
2010 Hot Topics in Labor & Employment Lawptcollins
Patient Protection and Affordable Care Act of 2010—Dependent Coverage Through Age 27—Issues & Guidance
New Jersey’s Medical Marijuana Law—An Overview for Employers
No Good Deed Goes Unpunished—Hidden Liability for Volunteers, Interns and Trainees
Updates on Employee Privacy, Military Family Leave, and Workplace Discrimination Issues
Age Discrimination—Changes on the Horizon
The Fair Work Act And Modern Award System | EmploysureEmploysure AU
This presentation provides an overview to The Fair Work Act and Modern Award System in Australia. It answers the questions: What is the Fair Work Act? What is a Modern Award? What is the Fair Work Ombudsman? And what is The Fair Work Information Statement?
--------
Employsure is Australia’s leading workplace relations specialist – providing support with employment relations, HR services, and workplace health & safety. Employsure works alongside employers to set solid foundations for business success. With highly skilled professionals assisting over 24,000 business owners Australia-wide, Employsure provides small to medium-sized businesses with the tools, advice, and assistance to be workplace confident.
Instilling Workplace Confidence
Employsure’s main objective as workplace relations specialists is to give business owners peace of mind when they need it most. This is achieved by providing employers advice on the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards. Employsure clients receive tailored documentation such as employment contracts, policies, and procedures – as well as immediate updates of relevant legislative changes. May the situation present itself, Employsure also provides its clients with representation and legal protection.
Employsure also reviews workplace health and safety processes and documents to identify specific gaps and solutions. Based on this, best practice tools are provided to lay the foundations for ensuring a fair and safe workplace.
In essence, Employsure believes that all business owners, no matter their size, deserve access to comprehensive, quality and honest advice – and support that is scalable to the needs of their business.
--------
CONNECT WITH US
Email: comms@employsure.com.au
Website: https://employsure.com.au/
YouTube: https://www.youtube.com/user/Employsure/
Facebook: https://www.facebook.com/employsure.com.au/
LinkedIn: https://au.linkedin.com/company/employsure
Twitter: https://twitter.com/Employsure
Instagram: https://www.instagram.com/employsure/
The Contract of Employment in Ireland-Employment Rights in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland
Welcome to the Autumn 2013 edition of the BHW Employment Law Newsletter.
It seems that despite Government rhetoric to leave employment law alone, the Ministers can’t help themselves from dabbling in the area!
We have therefore collated information on the most important changes to help keep you up to date.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
2010 Hot Topics in Labor & Employment Lawptcollins
Patient Protection and Affordable Care Act of 2010—Dependent Coverage Through Age 27—Issues & Guidance
New Jersey’s Medical Marijuana Law—An Overview for Employers
No Good Deed Goes Unpunished—Hidden Liability for Volunteers, Interns and Trainees
Updates on Employee Privacy, Military Family Leave, and Workplace Discrimination Issues
Age Discrimination—Changes on the Horizon
The Fair Work Act And Modern Award System | EmploysureEmploysure AU
This presentation provides an overview to The Fair Work Act and Modern Award System in Australia. It answers the questions: What is the Fair Work Act? What is a Modern Award? What is the Fair Work Ombudsman? And what is The Fair Work Information Statement?
--------
Employsure is Australia’s leading workplace relations specialist – providing support with employment relations, HR services, and workplace health & safety. Employsure works alongside employers to set solid foundations for business success. With highly skilled professionals assisting over 24,000 business owners Australia-wide, Employsure provides small to medium-sized businesses with the tools, advice, and assistance to be workplace confident.
Instilling Workplace Confidence
Employsure’s main objective as workplace relations specialists is to give business owners peace of mind when they need it most. This is achieved by providing employers advice on the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards. Employsure clients receive tailored documentation such as employment contracts, policies, and procedures – as well as immediate updates of relevant legislative changes. May the situation present itself, Employsure also provides its clients with representation and legal protection.
Employsure also reviews workplace health and safety processes and documents to identify specific gaps and solutions. Based on this, best practice tools are provided to lay the foundations for ensuring a fair and safe workplace.
In essence, Employsure believes that all business owners, no matter their size, deserve access to comprehensive, quality and honest advice – and support that is scalable to the needs of their business.
--------
CONNECT WITH US
Email: comms@employsure.com.au
Website: https://employsure.com.au/
YouTube: https://www.youtube.com/user/Employsure/
Facebook: https://www.facebook.com/employsure.com.au/
LinkedIn: https://au.linkedin.com/company/employsure
Twitter: https://twitter.com/Employsure
Instagram: https://www.instagram.com/employsure/
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
HR and Employment Law Updates October 2013QA Law HR
Do you need to know recent changes in employment law? We gave the guests at our HR seminar a brief overview of changes affecting their business. These changes include Settlement Agreements, Employee Shareholder Agreements, CRB checks becoming DBS checks, changes to collective redundancies, and the latest figures of fees and rates.
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
In Assignment 4, you are expected to analyze and form a number of co.docxdunningblair
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentious certification. The union and Engineered Air are now negotiating toward a new collective agreement.
On December 2, the company gave the union the following notice of lockout:
NOTICE OF LOCKOUT
This is written notice pursuant to Section XX of the
Labour Relations Code
locking out all the empl ...
Breach of an Implied ContractA small number of employees includi.docxAASTHA76
Breach of an Implied Contract
A small number of employees including professional athletes, high-level managers like Dov Charney (see the “Clippings” feature), and entertainers have “express” (i.e., explicit, mutually acknowledged) contracts of employment that are negotiated, executed in writing, signed, and specify a particular term of employment (or specific grounds under which the contract can be terminated). If an employee with an express contract is terminated prior to the expiration of the contract, the employer will be liable for damages for breach of contract unless the employer can show that there was cause to terminate. Most often, contractual disputes of this type are settled by negotiations between the parties.
But the vast majority of employees do not have express contracts of employment and are employed at will. Nevertheless, under the implied contract exception to employment at will, the right of employers to terminate at will can be limited by promises of job security. Even in the absence of an express contract of employment, written or oral statements by employers—and their entire course of conduct in dealing with employees—can give rise to enforceable contractual rights to something other than employment at will. The “something other” might be employment for a specified term, termination only for certain reasons (e.g., “for cause”), or use of specified procedures when making termination decisions (e.g., progressive discipline). If an implied contract exists, discharged employees can sue for wrongful termination based on breach of the implied contract.
Criteria for Determining the Existence of an Implied Contract
Most statements made by employers, whether orally or in writing, are not contractually binding. However, the following factors point to the existence of an implied contract:
· • A specific promise was made.
· • The promise was made frequently and consistently.
· • The source of the promise was someone with sufficient authority to offer it.
· • The promise was communicated to the employee.
· • The promise was not highly conditional (i.e., dependent on the employer’s own judgment).
· • The employer’s entire “course of conduct” (e.g., policies, practices, statements, industry practices, employee tenure) was consistent with the promise.
· • There was an exhaustive listing of dischargeable offenses in a handbook (and the offense for which termination occurred was not included in that list).
· • A change to a less protective policy was not communicated to employees.
· • There was no effective disclaimer.
Vague, stray, or highly conditional promises do not evidence intent to depart from employment at will. Statements such as “you have a promising future with the company” (lack of specificity) or “you will have a job here for as long as we are pleased with you” (conditionality) are unlikely to be enforceable. The statements relied on must be sufficiently specific to constitute “offers,” rather than mere general statements of ...
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Skye Residences | Extended Stay Residences Near Toronto Airportmarketingjdass
Experience unparalleled EXTENDED STAY and comfort at Skye Residences located just minutes from Toronto Airport. Discover sophisticated accommodations tailored for discerning travelers.
Website Link :
https://skyeresidences.com/
https://skyeresidences.com/about-us/
https://skyeresidences.com/gallery/
https://skyeresidences.com/rooms/
https://skyeresidences.com/near-by-attractions/
https://skyeresidences.com/commute/
https://skyeresidences.com/contact/
https://skyeresidences.com/queen-suite-with-sofa-bed/
https://skyeresidences.com/queen-suite-with-sofa-bed-and-balcony/
https://skyeresidences.com/queen-suite-with-sofa-bed-accessible/
https://skyeresidences.com/2-bedroom-deluxe-queen-suite-with-sofa-bed/
https://skyeresidences.com/2-bedroom-deluxe-king-queen-suite-with-sofa-bed/
https://skyeresidences.com/2-bedroom-deluxe-queen-suite-with-sofa-bed-accessible/
#Skye Residences Etobicoke, #Skye Residences Near Toronto Airport, #Skye Residences Toronto, #Skye Hotel Toronto, #Skye Hotel Near Toronto Airport, #Hotel Near Toronto Airport, #Near Toronto Airport Accommodation, #Suites Near Toronto Airport, #Etobicoke Suites Near Airport, #Hotel Near Toronto Pearson International Airport, #Toronto Airport Suite Rentals, #Pearson Airport Hotel Suites
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
2. Welcome to the Summer 2013 edition of the
BHW Employment Law Newsletter.
The Government has introduced several key
reforms and amendments in employment law over
the last few months.
One of the most significant
changes is the introduction of
fees in the Employment Tribunal.
The new fee structure, which
came into force on 29th July
2013 is a positive change for
employers. For more information
on this please read our feature
article at page 4.
‘Protected conversations’, introduced
as ‘Confidential Pre-Termination
Negotiations’ can now be used when
bringing an employment relationship
to an end. How will this work in
practice? Turn to page 5 for more
information.
Page 6 of this issue covers the new
employment status of Employee
Shareholders.
The Agricultural Wages Board (AWB)
has now been abolished but what
does this mean for those employing
staff in this sector? Page 7 of this
issue covers life after the AWB.
Finally, we take a look at what is to
come in 2013 at page 8 with our
Legislation Timetable.
If you have any questions relating to
the articles featured in the Newsletter
or would like advice on a particular
query you may have, please do not
hesitate to contact me to discuss
further.
Laura Allanson
Head of Employment
0116 281 6237
laura@bhwsolicitors.com
Inside this issue
Changes in
Employment Law 3
It will now cost an
employee to bring
a claim against you
Introduction of fees in the
Employment Tribunal 4
Managing staff without
the threat of
legal proceedings 5
Employee Shareholders 6
Life after the
Agricultural
Wages Board 7
Legislation update 8
BHW Employment Law
Newsletter
2
3. 3
Changes in Employment Law
Whistleblowing
The Employment Rights Act 1996 was amended to reflect
the fact that a disclosure will only be protected if the
employee reasonably believes that the disclosure is made
in the public interest. In addition, a disclosure will no longer
have to be made in good faith.
It is important to ensure that your Whistleblowing Policy
covers protected disclosures made “in the public interest”.
From 25th June 2013, a “qualifying disclosure” means
any disclosure of information that, in the reasonable belief
of the worker, is made in the public interest. Employers
are advised to amend the relevant section of the existing
Whistleblowing Policy that explains explains what
constitutes a protected disclosure.
Unfair Dismissal Compensatory Award
At present unfair dismissal awards are made up of a
statutory basic award and a compensatory award. The
basic award is essentially what an employee would receive
if they were made redundant.
Since Monday 29th July 2013 the compensatory award in
most types of unfair dismissal cases has been capped at
52 weeks’ pay or £74,200, whichever is lower.
This cap only applies to employees who were dismissed
on or after 29th July 2013.
The calculation of a years’ pay will be based on the
statutory definition of “a weeks’ pay”. Basically this
means the gross salary figure (i.e. before tax and National
Insurance Contributions) however, pension contributions,
benefits-in-kind and discretionary bonuses will be
excluded.
The Department for Business Innovations and Skills (BIS)
has indicated that the median will be somewhere between
£26,000 and £78,000.
There will also be new rules on interest which will mean
that interest will accrue on tribunal awards from day one,
unless they are paid in full within 14 days.
Employment Appeal Tribunal procedure
The composition of the Employment Appeal Tribunal will
change to one judge sitting alone to hear appeals.
Unfair dismissal and political opinion
The reforms introduced by the Enterprise and Regulatory
Reform Act 2013 have removed the two-year qualifying
period for unfair dismissal protection where the main
reason for the dismissal is the employee’s political opinions
or affiliations. It is not intended to be a new basis for
discrimination or an automatic unfair dismissal claim.
The fairness of the dismissal will be based on whether
the employer followed a fair procedure on the grounds of
some other substantial reason.
4. 4
When employment tribunals
were created in the 1960s,
legal representation was
discouraged. The focus was
on providing a free service for
employees who felt they were
being treated unfairly in the
work place.
What went wrong?
The difficulty came with the
increasingly complex case law which
created uncertainty around people’s
rights. Employers felt that they were
being put to unnecessary expense
defending groundless claims which
were sometimes more cost effective
to settle than run to hearing. This was
particularly the case where employees
were not legally represented.
To try and redress this the coalition
government announced in 2011
that it would introduce fees for
people wishing to bring a claim in
the employment tribunals and the
Employment Appeal Tribunal. As
always, there was a cost saving
element to the reforms as the
government wanted people who used
the service to cover more of the cost
of running it.
So what will happen?
From Monday 29th July 2013,
employees will be asked to pay two
fees. The first fee will be called the
issue fee and must be paid when the
claim form (ET1) is lodged with the
Tribunal. The second is a hearing fee;
this will be due 4 -6 weeks before the
hearing. How much this fee will be
depends on the type of claim.
How much will it cost?
Claims will be placed in one of two
categories. Type A is for the more
straightforward claims such as
failure to pay entitlements under an
employee’s contract e.g. holiday
pay, notice pay etc. Such claims will
attract a £160 issue fee and a £230
hearing fee. Type B is likely to be more
common as it covers claims for unfair
dismissal, discrimination and equal
pay. Type B claims will attract a £250
issue fee and a £950 hearing fee.
Claims involving multiple employees
(known as group action claims) will
attract a group fee which is divided
between the group.
Can this be stopped?
Unsurprisingly, the Unions feel that
the introduction of fees is unfair.
UNISON and Fox and Partners have
therefore applied for judicial review
of the decision stating that the fees
prevent employees exercising the
rights given to them by law. On 9th
July 2013, Fox’s application for an
interim interdict (injunction) was
rejected. However, the matter has
been set for a full hearing which is
expected later this year. The Ministry
of Justice have agreed that if the
decision goes against them, they will
repay any money which has been
received. So can this be stopped,
who knows!
It will now cost an
employee to bring
a claim against you
Introduction of fees in the Employment Tribunal
5. 5
Compromise Agreements were re-named
Settlement Agreements on 29th July 2013.
So apart from the name, what’s
the difference?
Under the Enterprise and Regulatory
Reform Act 2013, employers and
employees will be expected to
have confidential pre-termination
negotiations (protected conversations)
to bring employment to an end. The
idea is to allow employers to effectively
manage their workforce, without
the threat of legal proceedings. Of
particular note is the fact that when
an offer of a settlement agreement
is made to an employee, they will
not be able to disclose this fact to
an Employment Tribunal should they
decide to reject the offer and pursue a
claim for unfair dismissal.
What protection has been built
into the Bill to protect employees?
Essentially, only discrimination or
evidence of ‘improper behaviour’ will
be sufficient to enable an employee
to bring the offer of a settlement
agreement to the Tribunal’s attention.
There is no specific guidance on
what ‘improper behaviour’ would be,
but ACAS have issued a draft code
which sets out some fairly straight
forward advice on the matter. One of
the recommendations they make is to
give an employee 7 days to consider a
potential settlement offer. This should
give the employee sufficient time to
seek independent legal advice before
accepting/rejecting the offer.
What about from the employer’s
perspective?
The change was put forward by
business secretary Vince Cable to
try and make sure ‘that the right
conditions are in place to encourage
investment and exports, boost
enterprise, support green growth
and build a responsible business
culture.’ It could be argued that the
changes bring about a refreshingly
honest approach to terminating
employees contracts. However,
practitioners are concerned about
how protected conversations will
work in reality. Until the provisions
have been fully tested, we do not
know what is meant by ‘improper
behaviour’. The consequences of
falling foul of this provision will be to
make conversations in relation to the
settlement agreement admissible in a
subsequent Employment Tribunal.
Verdict
In theory the new regime should make
it easier for employers to manage
their workforce. However, our advice
would be to proceed with caution.
This is because the term ‘improper
behaviour’ has not yet been fully
defined. An employer could therefore
find themselves in a situation where
an employee who refuses to sign a
Settlement Agreement, could submit
the contents of their negotiations
and the draft agreement as evidence
against them in any subsequent
Tribunal claim.
Managing staff without the
threat of legal proceedings
6. 6
Employee Shareholders
A new type of employment
status will be created
under the Growth and
Infrastructure Act 2013
(Commencement No. 3
and Savings) Order 2013,
which came into force on
1st September 2011.
The status of employee shareholder
will allow employees to give a bundle
of employment rights (e.g. unfair
dismissal and statutory redundancy)
in exchange for an award of shares
worth at least £2,000.
The employee will have a right to
a statement detailing the shares, a
requirement for the employee to take
legal advice (the employer will pay for
this up to a “reasonable” level) and a
seven day cooling off period.
What does this mean for
employers?
The practical impact of these
changes is unclear.
Any company with share capital
can enter into an agreement with an
employee to allow them to become
an “employee shareholder”.
An employee shareholder will receive
fully paid-up company shares that
have a value of no less than £2,000
on the day of issue.
In exchange for these shares the
employee shareholder will give up the
right to:
training;
it breaches the Equality Act 2010,
or breaches H&S legislation or is
automatically unfair under ERA);
and
If an employee shareholder goes
on maternity, paternity, adoption or
parental leave the notice that they
will need to give to return to work will
increase to 16 weeks.
Employers will be able to make a
job offer conditional on an applicant
agreeing to become an employee
shareholder. If an applicant refuses
the employer can lawfully withdraw
the offer.
The statement that the employer
must provide the employee
shareholder with must contain the
following:
shareholder is giving up;
e.g. voting and dividend;
on the transfer of the shares; and
subject to drag-along or tag-along
rights.
The employee must not suffer a
detriment for refusing to accept
the offer to become an employee
shareholder.
It is not clear how the Transfer
of Undertakings (Protection of
Employment) Regulations (TUPE)
2006 will apply to employee
shareholders or indeed existing Share
Scheme arrangements.
Employers will also need to be careful
that the introduction of employee
shareholders in their company does
not create a two-tier workforce of
employee shareholders and non-
employee shareholders.
7. 7
The current AWO 2012
will remain in force until 1st
October 2013.
From 1st October 2013 employers
will be free to engage new workers
on terms and conditions that comply
with national legislation, e.g. the
Working Time Regulations (WTR)
1998 and the National Minimum
Wage (NMW) Act 1998.
What does this mean for
employers?
Employers will need to consider the
terms and conditions of existing
employees and that of new recruits.
Before considering making any
changes employers may wish to
consider the following:
salaries. From 1st October 2013
it will be easier for employers to
design salaries as long as they
comply with the NMW.
AWO 2012 grade 1 -6 apply for
employees employed before 1st
October 2013. For employees
taken on after 1st October 2013
the National Minimum Wage
(NMW) applies.
currently fixed by the grade as set
out in the AWO 2012. There is no
statutory provision for overtime to
be paid at a higher rate. Therefore
after 1st October 2013 employers
will not be required to pay overtime
for new employees.
employed before 1st October
2013 the hourly pay must not be
below the minimum hourly rate for
the grade as set out in the AWO
2012. Employers must calculate
and pay a ‘fair’ piece rate which is
the same rate as the NMW for a
worker taken on after 1st October
2013.
(ASP) is payable to employees
after after 12 months service and
is paid at the minimum rate for
their grade under the AWO 2012.
For employees taken on after 1st
October 2013 Statutory Sick Pay
(SSP) is payable if the employee
meets eligibility requirements.
are expressly defined in the AWO
2012 and calculated on the
number of days worked each
week (e.g. 5 days per week =
31 days per year, including bank
holidays.) There are rules on how
much holiday can be carried
over from year to year and how
much can be bought out etc.
For employees taken on after 1st
October 2013 the current statutory
holiday entitlement of 5.6 weeks
pa (e.g. 5 days per week = 28
days inclusive of bank holidays.)
overtime rate (1.5 x hourly rate)
applies if an employee works on a
bank holiday. For new employees
taken on after 1st October 2013
there is no statutory requirement to
pay overtime rate if an employee
works on a bank holiday.
maximum deductible is set out in
the AWO 21012 and subject to the
NMW Regulations and the worker
having worked a minimum of 15
hours in any particular week. The
offset rate for accommodation
charges £4.91 per day (from 1st
October 2013). If an employer
charges more than this, the
difference is taken off the worker’s
pay. No 15 hour minimum applies.
Life after the Agricultural
Wages Board (AWB)
The Agricultural Wages Board (AWB) which determines the
Agricultural Wages Order (AWO) in England and Wales was
abolished on 25th June 2013.
8. 5 Grove Court, Grove Park, Enderby, Leicestershire LE19 1SA
Tel 0116 289 7000 Fax 0116 281 6229 Email info@bhwsolicitors.com Web www.bhwsolicitors.com/employment
The content of our Newsletter is provided for general information purposes only and does not constitute legal or other professional advice.
This firm is authorised and regulated by the Solicitors Regulation Authority - SRA number 383490
We have developed the BHW Employer Support
and Protection Schemes to support and protect
employers of all sizes with their employment
needs. If you would like more information on the
schemes please contact Laura Allanson on
0116 281 6237 or email laura@bhwsolicitors.com
or Katie Stephenson on 0116 281 6227 or email
katies@bhwsolicitors.com
2013;
(Protection of Employment) Regulations
Financial penalties will be imposed on
brought in under the Children and Families
Bill 2012-13;
2014;
order an employer to carry out an equal pay
Legislation update