There have been some significant changes made to UK employment law in recent years and a number of these are about to impact over the coming 12 months. Stephensons Solicitors LLP explains some of the major new measures that will be coming into effect this year:
- Early conciliation – from April 2014, thanks to the Enterprise and Regulatory Reform Act 2013, before lodging a Tribunal claim claimants will now be required to notify ACAS (the Advisory, Conciliation and Arbitration Service) first. This will give the parties the chance to engage in conciliation and an early conciliation offer can be made. If this is unsuccessful then the claimant can go on to lodge the Tribunal claim.
- Statutory benefit increases – the amount set for the statutory rate of paternity, maternity and adoption pay will increase from April 2014 to £138.18.
- Tribunal financial penalties – as of April 2014 an Employment Tribunal will now be able to impose a financial penalty on an employer who has failed to successfully defend a claim. This could be anything between £100 and £5,000 and will come into play where there is a breach of a worker’s rights and that breach has one or more aggravating features.
- Flexible working – from October 2014, The Children and Families Bill widens the scope for flexible working from those employees who have children under the age of 17 (18 if a child is disabled) or who are carers, to all employees. The proposals will come into effect with the removal of the previous statutory procedure for considering flexible working requests. From October, the right to request flexible working will be extended to all employees, and employers will have a duty to reasonably consider any request made (these can be refused for business reasons).
- Pensions auto-enrolment – from 1 April, the window in which employers can auto-enrol eligible jobholders into a qualifying pension scheme is widened from one month to six weeks.
- Equal pay audits – thanks to the Enterprise and Regulatory Reform Act 2013, from October 2014 an Employment Tribunal will be required to order an equal pay audit where there has been a breach of the Equality Act 2010 equal pay provisions by an employer (other than in prescribed circumstances).
Phil Richardson, an employment law associate solicitor at Stephensons said: “There are a number of major changes to be introduced this year. It is important that companies make sure they’re aware of the new regulations in order to remain compliant and reduce the risk of having a claim made against them.
“I recommend that employers reassess their employment policies and procedures to ensure they are up to date with all the latest developments. If these changes affect you and you need any assistance or advice relating to any of the above areas feel free to contact a member of our team.”
ENDS
Media information: Lianne Tracey and Chloe Kendall
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: lct@stephensons.co.uk or cke@stephensons.co.uk