Every year there are a number of changes to Employment Law. To ensure your business is prepared, here's an overview for 2016.
Employment Tribunal fees
Fees which were introduced in the employment tribunals in July 2013 continue to be a hot topic. A challenge by UNISON was dismissed by the Court of Appeal in a judgment on 26August 2015. UNISON has sought permission to appeal to the Supreme Court. In the meantime, a formal review on the impact of tribunal fees by the Ministry of Justice is ongoing with a completion of the review expected by the end of 2015.
Race/Caste discrimination
The consultation on proposed legislation making caste discrimination unlawful was planned to take place in Autumn 2014 but has not yet begun. In the meantime, the EAT has recently held that race discrimination claims can include caste discrimination. This was confirmed in September 2015 in the case of Chandhok v Tirkey.
Families and pregnancy
The Chancellor has recently announced that he will extend shared parental leave and pay to working grandparents and the government intends to bring legislation into force by 2018.
National living wage
The government has confirmed that the National Living Wage will be implemented through the National Minimum Wage Regulations. National Living Wage rates will be debated in both Houses of Parliament in time to come into force on 1April 2016.
Government investigation into abuse of tipping
The BIS has launched a call for evidence to look at how restaurants treat tips left by customers and whether government intervention is necessary to strengthen the voluntary code of practice which is currently used. This code of practice is overseen by the industry body, the British Hospitality Association. Recent investigations have revealed that it remains the custom of some major restaurant chains to withhold a proportion of tips left for staff to cover administrative costs.
Public sector exit payments
Public sector employees and office holders may be required to repay exit payments where they return to public sector work within a prescribed period. It is proposed that there will be a cap on exit payments of £95,000. This means that the aggregate pre-tax value of exit payments to most types of public sector employees will be capped at this figure.
To discuss how the Employment Law changes will affect your business in 2016 or should you wish to discuss any other employment matter please call 0113 320 5000 or email employment@winstonsolicitors.co.uk
