The Geldards Employment Team's 12 Days Of Christmas
On The First Day Of Christmas, My True Love Gave To Me… Homeworking Flexibility
Love it or hate it, it’s clear that homeworking (where possible) is likely to be with us for the long term. Covid-19 and the lockdowns it has brought with it have no doubt accelerated what was a growing trend towards agile and homeworking. The key for employers is to keep pace with what this change entails, particularly when it comes to performance and absence management, security and confidentiality and staff wellbeing.
On The Second Day Of Christmas, My True Love Gave To Me… A 2 Tier Points-Based Immigration System
From 1 January 2021 there will be a new points-based immigration system in place following the end of the Brexit transition period. EEA nationals arriving in the UK from 1 January will need to comply with the same visa requirements as other non-UK nationals. Employers will need to understand how the new system will affect their recruitment and should consider whether they will need to apply for a sponsor licence.
On The Third Day Of Christmas, My True Love Gave To Me… IR35 Reforms
The reforms to the IR35 rules on off-payroll working for private sector organisations were due to come into force on 6 April 2020 but were delayed due to the Covid-19 pandemic. They will now come into force on 6 April 2021. Under the new rules, it is the organisation engaging the contractor who is responsible for determining their employment status for tax purposes and assessing whether IR35 applies. If it does, then tax and national insurance contributions will need to be deducted in relation to the contractor fees. Employers should review their contracts with contractors and put in place the necessary procedures to ensure compliance.
On The Fourth Day Of Christmas, My True Love Gave To Me… 4 Weeks To Break Continuity
Under the government’s Good Work Plan the time required to break a period of continuous service will extend from one week to four weeks. This will mean that employees can have a gap of up to four weeks in their service with an employer without it affecting their entitlement to statutory employment rights, making it easier for employees who work intermittently over a period of time for the same employer to access their rights. The timescale for the implementation of legislation in this regard is currently unknown.
On The Fifth Day Of Christmas, My True Love Gave To Me… A 52-Week Reference Period
From 6 April 2020, the holiday pay reference period for workers without normal working hours increased from 12 weeks to 52 weeks adjusting the calculation of holiday pay for workers with irregular hours.
On The Sixth Day Of Christmas, My True Love Gave To Me… 6 Months Extended Redundancy Protection
Following a consultation back in 2019 an Employment Bill was announced in December 2019 which included measures to extend redundancy protection (i.e. the right to be offered suitable alternative employment) for employees taking maternity leave and adoption leave. These changes will mean that the period of protection will continue for six months after the employee returns to work. No date has yet been set for these changes to be brought into force.
On The Seventh Day Of Christmas, By True Love Gave To Me… 7 Days Leave For Carers
A government consultation in relation to the introduction of an entitlement to an additional one week’s unpaid leave for unpaid carers. The response concluded on 3 August 2020 and the results are awaited.
On The Eighth Day Of Christmas, My True Love Gave To Me… An £8.91 National Living Wage
The new national minimum wage will apply from 1 April 2021. In addition, the age from which workers are entitled to the national living wage will reduce from 25 to 23 years of age.
On The Ninth Day Of Christmas, My True Love Gave To Me… A £95,000 Cap On Public Sector Exit Payments
A £95,000 cap on exit payments in the public sector came into force on 4 November 2020, together with HM Treasury Guidance on when the cap may be relaxed. The changes have been controversial with a number of judicial review challenges to the legality of the regulations currently in progress.
On The Tenth Day Of Christmas, My True Love Gave To Me… 10 Top Tips On Disciplinaries, Investigations And Protected Conversations
On The Eleventh Day Of Christmas, My True Love Gave To Me… 11 Changes To Statements Of Particulars Of Employment
On 6 April 2020, the requirement for employers to provide a written statement of employment particulars (in accordance with section 1 of the Employment Rights Act 1996) changed:
- Written statements need to be provided to all workers (not just employees);
- The right to a written statement is a “day one” right (any workers engaged on or after 6 April 2020 are entitled to receive a written statement before or on their start date);
- Current workers are entitled to request a written statement including the additional information. Employers will need to comply with these requests within one month;
- The following information must now be included (in addition to the previous section 1 requirements):
- Hours of work (including normal working hours, days of week and whether hours/days are variable – and, if so, how they vary);
- Any other benefits (including non-contractual benefits);
- Any probationary period which starts at the beginning of the engagement, including conditions and duration;
- Any part of any training entitlement which the employer requires the worker to complete;
- Any training which the employer requires but does not pay for;
- Any other paid leave (can be in a separate document);
- Any other training entitlement (can be in a separate document and provided within 2 months).
On The Twelfth Day Of Christmas, My True Love Gave To Me… 12 More Weeks Of The Coronavirus Job Retention Scheme (CJRS)
The CJRS will continue until the 31 March 2021. The scheme will continue to cover 80% of furloughed workers’ wages (capped at £2,500 per month) until 31 January 2021 when it will be reviewed, and the future level of employer contributions determined. Employers will need to assess how any changes to the scheme will impact their business and plan how to respond when the scheme comes to an end.
Happy Christmas from the Geldards Employment Team and we very much look forward to working with you in 2021!