Employers should start preparing for employment law changes coming into force in 2014, as the year kicks off with amendments to TUPE in January. Other challenges for HR include changes to employment tribunal procedures, the right to request flexible working and the introduction of the Health and Work Service.
Read our guide to the 10 key updates to make sure you are ready for the year ahead. For further detail, click on the title of each new piece of legislation.
Changes to TUPE come into force
Important changes are being made to TUPE, including a new provision enabling a transferee to consult pre-transfer with representatives of transferring employees for the purposes of complying with the collective redundancy rules. The Department for Business, Innovation and Skills has confirmed that it plans to bring the regulations into force on 31 January 2014.
Window for pension automatic enrolment extended
The time period available to employers for auto-enrolling eligible jobholders into a qualifying pension scheme increases from one month to six weeks on 1 April 2014.
Early conciliation introduced
The Enterprise and Regulatory Reform Act 2013 introduces a requirement for potential claimants to lodge details of their proposed employment tribunal claim with Acas in the first instance from 6 April 2014, whereupon Acas will offer the parties the opportunity to engage in conciliation with a conciliation officer.
Discrimination questionnaire procedure repealed
On 6 April 2014, the Enterprise and Regulatory Reform Act 2013 repeals the statutory procedure that enables an individual to obtain information from his or her employer about discrimination and provides for the information to be used as evidence in tribunal proceedings.
Financial penalties imposed on employers that breach employment rights
From April 2014, the Enterprise and Regulatory Reform Act 2013 gives tribunals the power to impose a financial penalty against employers that are in breach of employment rights where the breach has one or more aggravating features.
Right to request flexible working extended to all employees
The Children and Families Bill extends the right to request flexible working, which currently applies to employees who have children under the age of 17 (18 if a child is disabled) or who are carers, to all employees. The statutory process for considering requests is replaced with a duty to deal with the request in a reasonable manner. The Government has confirmed an implementation date of 6 April 2014.
Statutory rates increase
The rate of statutory maternity pay, ordinary and additional statutory paternity pay and statutory adoption pay, and the standard rate of statutory sick pay, increase on 6 April 2014.
Tribunals given power to order equal pay audits
The Enterprise and Regulatory Reform Act 2013 prescribes that employment tribunals are required to order an equal pay audit where the employer has breached the equal pay provisions under the Equality Act 2010, except in prescribed circumstances. The Government has indicated an implementation date of October 2014.
National minimum wage may rise
The national minimum wage may rise on 1 October 2014, subject to the prevailing economic conditions and the Low Pay Commission’s report, due to be delivered to the Government in spring 2014.
New approach to managing sickness absence introduced
The Health and Work Service is to be introduced, offering free occupational health assistance to employees, employers and GPs, including an independent assessment of employees who have been off sick for four weeks. The Government has indicated that the new service may be delivered in spring 2014, but this has not been confirmed.
Employers can keep up to date with employment law developments throughout 2014 using the XpertHR legal timetable.
My place of work is not open on bank holidays. My employer takes 8 days off my holiday entitlement for these days. Is this right?
Assuming you are based in the uk the following applies.
Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave.
An ex employer is requesting I pay a share of bad debts ,I have not worked for him since July 2011.He has only brought this up now after 2 1/2 years ,can this be legal ?
can an employer charge you for damage to equipment
Yes,
can an employer make you take your holidays in a certain week
That’s not allowed you are entitled to holidays to your preference
Hi Kirsty
your advice is not correct – although most employers allow flexibility to their employees regarding when they take their holidays, the employer is entitled to specify when the employee takes their holiday. For example think about mills / factories which have ‘shut down’ weeks. Employees must take their holidays during the shut down
It depends on your policy and if there is any provision for the employer to do that. The Law says that you are entitled to 5.6 weeks however Companys may designate weeks as compulsory holiday.
i will be retiring in feb 2016 and would like to work two days a week instead of finnishing alltogether, do i have a right to this option or can my employer say no to this requwst
Hi
You have the right to request flexible working but your employer does not have to grant but have to have good reason for declining in line with the New right to request flexible working for everybody.
One of my employees (there are 4 of us working together) has handed in her notice just as she’s completed her qualification. How do I stand, in her contract it states all staff on completion of qualification stay at least 2years, but she is adamant that she is leaving. Where do I stand, please?
In reality you can’t stop her from leaving if she wants to. Has she signed a claw back agreement in relation to the cost of her qualification? If so you can deduct this money from her final wage and ask her to pay any difference
Hi,
has the law changed around contracts? I have been told that employers can terminate anyone for no reason within the first 2 years of a new contract. is this correct?
thanks
I work in a shop can I be made still from 10am to 9pm or if I refused could I be dismissed .my normal working day is 10am till 6pm.
if you ring in sick, can an employer decide if you are fit for work?