Employment Law Update - The Election Result and Brexit
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An employment law update by Paul McGowan which focuses on the implications of the general election result on UK employment law and brexit
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Employment Law Update - The Election Result and Brexit
- 1. Collingwood Legal is authorised and regulated by the SRA Employment Law Update Thursday 22 June 2017 Paul McGowan Principal Solicitor DD: 0191 282 2882 Paul.mcgowan@collingwoodlegal.com The information contained in this presentation is for information purposes only. It is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Collingwood Legal accepts no responsibility for any loss which may arise from reliance on materials contained in this presentation.
- 2. Collingwood Legal is authorised and regulated by the SRA • Hung Parliament - no party has the 326 seats required to have a working majority in parliament • Conservatives lost 13 seats and now have only 318 • Labour gained 30 seats but still only have 262 General Election Result Conservative , 318 Labour , 262 Lib Dem, 12 SNP, 35 DUP, 10 Other , 13
- 3. Collingwood Legal is authorised and regulated by the SRA • Conservatives look to do a deal with another party to give them the majority • Democratic Unionist Party (DUP) have 10 seats • ‘supply and confidence’ arrangement What now?
- 4. Collingwood Legal is authorised and regulated by the SRA • Conservative government supported by the DUP? • Queens speech – first test of confidence What next?
- 5. Collingwood Legal is authorised and regulated by the SRA Manifesto employment law pledges: What does this mean for employment law? Conservative Labour DUP “The greatest expansion in workers’ rights by any Conservative government in history” Set out a 20 point plan for “security and equality at work” Mostly quiet on workers’ rights
- 6. Collingwood Legal is authorised and regulated by the SRA Employment law policies - Pay Conservative Labour DUP Increase national living wage to 60% of median earnings by 2020 Raise the national minimum and national living wage to £10 per hour by 2020 Mostly quiet on workers’ rights
- 7. Collingwood Legal is authorised and regulated by the SRA Employment law policies – Discrimination Conservative Labour DUP • Extend the Equality Act 2010 to cover those suffering from mental health conditions that are “episodic and fluctuating” • Require large employers to report on the “race gap” • Some changes to the Equality Act 2010 • Strengthen pregnancy and maternity discrimination • Introduce equal pay audit requirements on race grounds • No similar policies in manifesto
- 8. Collingwood Legal is authorised and regulated by the SRA Employment law policies – status and ‘gig’ economy Conservative Labour DUP • Promises to ‘properly’ protect people working in the gig economy • Ban zero hours contracts • Ensure that workers who work regular hours for more than 12 weeks have the opportunity to switch to a “regular contract” • Give workers equal rights from day one • No similar policies in manifesto
- 9. Collingwood Legal is authorised and regulated by the SRA Employment law policies – Family life Conservative Labour DUP • Unpaid time off work for workers whose family members require full time care • Child bereavement leave • 4 new bank holidays • Increase paternity pay and double paternity leave to 4 weeks • Extend maternity pay to 12 months • Introduce statutory bereavement leave • No similar policies in manifesto
- 10. Collingwood Legal is authorised and regulated by the SRA Employment law policies - Immigration Conservative Labour DUP • Cut net migration to ‘tens of thousands’ • Double the immigration skills charge by 2022. • End EU freedom of movement of workers and replace with new immigration system • Limit overseas-only recruitment policies • When negotiating Brexit ensure an effective immigration policy which meets the skills, labour and security needs of the UK
- 11. Collingwood Legal is authorised and regulated by the SRA Employment law policies – Other Employment Tribunal Fees Labour would abolish ET fees but there is no mention of this in the Conservative or DUP manifestos. Trade Union Labour want to repeal the Trade Union Act 2016. Volunteering Leave 3 days’ paid volunteering leave for employees of large employers (set out in 2015 manifesto) has been dropped from Conservative manifesto.
- 12. Collingwood Legal is authorised and regulated by the SRA Implications for Brexit • Negotiations delayed? • Hard Brexit or Soft Brexit? • Either way will much change in employment law?
- 13. Collingwood Legal is authorised and regulated by the SRA Employment law policies – Brexit Conservative Labour DUP Workers maintain all EU derived protections Guarantee the rights of all workers in the UK and seek reciprocal guarantee for UK workers in other EU countries Silent on workers’ rights
- 14. Collingwood Legal is authorised and regulated by the SRA Questions?
- 15. Collingwood Legal is authorised and regulated by the SRA
Editor's Notes
- Queens speech – written by government and presents and outline of the planned legislation for the next Parliamentary session. First test of confidence will be the vote on the Queens speech – if defeated PM may have to resign as defeat of Queens speech is tantamount to a vote of no confidence. Unlikely but if Queens speech defeated then Jeremy Corbyn would be invited to form a government.
- Take a look at some of the main employment law pledges from the Conservative manifesto “Forward, Together”, Labour manifesto “For the many not the few” and the DUP manifesto “Standing Strong for Northern Ireland”.
- Policies on Pay Median salary in UK 2016 = £28,200 Current NLW is £7.50 per hour Increases to wages unlikely to be opposed.
- Conservative - “episodic and fluctuating” trying to cover certain mental health conditions i.e. bi-polar / anxiety? Amendment to meaning of disability? Manifesto also suggests incentives would be given to employers to employ vulnerable workers. Incentive would be one year relief from NI contributions. Labour – proposes to make terminal illness a protected characteristic, to change ‘gender re-assignment’ to ‘gender identity’. Pregnancy and maternity discrimination – increase to 6 months to bring claim.
- A lot of recent case law on “gig economy” Conservative – Vague. No further details given so will have to wait to see what “properly protect” means. Labour – create a statutory definition of “self employed”, “worker” and “employee”. Equal rights – i.e. shared parental pay extended to all workers.
- Conservative - Implement a new statutory right of up to 13 – 52 weeks unpaid time off for carers. As unpaid the take up expected to be relatively low. Right to request unpaid time off for training (currently only applies to organisations with 250 + employees) Labour – new bank holidays will be in addition to the current statutory holiday entitlement.
- Conservative – Suggests that the revenue from the increased skills charge can be used to invest in higher level skills training for domestic workers.
- EU want to press ahead with talks as the 2 year countdown continues. First talks were due to take place 19/20 June. Vote indicates shift away from Hard Brexit? MPs now call for ‘softer’ Brexit DUP – “no one wants a Hard Brexit” – DUP want to avoid a hard border with Ireland.
- Conservative – The Great Repeal Bill – intend to convert EU law in UK law after Brexit. Parliament would be able to amend or repeal any piece of EU law. Labour – EU Rights and Protections Bill to guarantee all existing protections.