It has already been a busy year in the employment sphere and the Employment Team at Curzon Green recap below the key developments and hot topics of the year so far, to keep you up to date:
- HOLIDAY
In a nutshell…
A landmark judgment from the Supreme Court has once again thrown the thorny issue of holiday pay calculations into the spotlight. The Working Time Regulations set out the annual leave entitlements for a full-time employee, and for those with irregular hours. Historically, holiday pay is calculated using a 52-week reference period, but only for the weeks where the employee has actually worked.
The case of Harpur Trust v Brazel [2022] determined that a part-time worker (in this case, a schoolteacher with variable hours, benefitting from school holidays) is entitled to the same amount of annual leave in a working year as a full-time worker. The Supreme Court held that the right method to be adopted was the Calendar Week Method under section 224 Employment Rights Act 1996.
What does this mean for employers?
Employers using a 12.07% method (as per historic ACAS guidance) should therefore adjust their processes for calculating holiday to align with this recent judgment.
More information
For further details of the case, please see our detailed article here
- MENOPAUSE
In a nutshell…
In November 2021, the Government invited members of the Roundtable on older workers to consider the impact of menopause in the workplace. The Government published its response to the report on 18 July 2022.
The key features of the response are as follows:
- Menopause will not be given enhanced status as a protected characteristic under the Equality Act 2010. Protected characteristics are the foundation of a discrimination claim and there was previously discussion about adding menopause to the list.
The Government’s decision is that there is sufficient protection borne under the existing characteristics of age, sex and disability that a specific enshrining of menopause is not warranted.
- A “Menopause Ambassador” and “Menopause Employment Champions” will be nominated to work on behalf of the Government to give a greater voice to those experiencing menopause. They will work with employers to ensure menopause does not become a barrier or hindrance in the workplace.
- Larger employers are to broaden awareness of menopause, and to establish training and support via Employee Assistance Programmes.
What does this mean for employers?
Menopause is widely recognised as a significant issue in need of awareness, particularly in the workplace. Employers would benefit from addressing this by creating specific menopause policies, providing further training and making reasonable adjustments where needed.
More information
To read the Government’s response in full, click here.
For further details about how employers can manage menopause in the workplace, please see our detailed article here
- SICKNESS
In a nutshell…
The Government has brought into force amendments to the fit note used to certify sickness for employees. The Social Security (Medical Evidence and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022 have brought about two key changes to fit notes:
- From 1 July 2022, nurses, occupational therapists, pharmacists and physiotherapists working in GP practices or in hospitals will be able to issue and sign fit notes for employees.
- From 6 April 2022, health care professionals no longer need to sign a fit note personally as evidence of an employee’s sickness absence. Fit notes can now be issued digitally and a new form is being rolled out for this purpose.
What does this mean for employers?
Employers should ensure they are familiar with the new digital fit note, and who is eligible to sign fit notes, so it can take appropriate action on receipt of a fit note from an employee.
More information
The Government has updated its guidance on fit notes which can be found here.
- EMPLOYMENT STATUS
In a nutshell…
In 2018, the Government ran a consultation on employment status for both employment rights and tax. The outcome of the consultation has been hotly anticipated, given employment status continues to be an issue for both individuals and employers alike.
The feedback from the consultation was largely supportive of employment status reform but there was no consensus on the best approach to unify the statuses; it was agreed it would require complex reform.
As a result, the Government has decided not to embark on legislative reform at this stage, instead issuing non-statutory guidance in the hope of making it easier for individuals and businesses to work out their status. Unfortunately, and disappointingly, grey areas remain and there will still be individuals who cannot be certain on their status, who fall between the gaps in current guidance.
What does this mean for employers?
In short, there are no changes to employment status for employers to get to grips with, and we expect changes will not be made for a long time. However, employers should familiarise themselves with the latest Government guidance on best practices as employment status will continue to be a thorny issue for certain individuals.
More information
The Government’s latest non-statutory guidance on employment status and rights can be found here.
- RIGHT TO WORK CHECKS
In a nutshell…
During the pandemic, the Home Office allowed employers to carry out right to work checks “digitally” (i.e. by permitting video calls with job applicants and by allowing the acceptance of scanned identity documents). This process was previously in place until 5 April 2022 but has been extended until 30 September 2022.
What does this mean for employers?
Employers should ensure that their practices remain in line with Government guidance, in keeping with their duty to prevent illegal working.
The Government has introduced a new digital service, which may assist employers who have been successfully running remote checks during the pandemic. Employers will still be able to carry out manual checks of right to work documentation, though.
More information
For further information on the requirements for right to work checks, see the Government’s updated guidance: An employer’s guide to right to work checks: 6 April 2022 (accessible version) – GOV.UK (www.gov.uk)
- CHANGE TO RATES
In a nutshell…
As of April 2022, statutory rates and guidelines for Employment Tribunal awards have changed in a number of areas such as:
- National Living Wage;
- Statutory maternity pay;
- Statutory adoption, paternity and shared parental pay;
- Statutory sick pay;
- National compensation limit for unfair dismissal claims; and
- Vento bands (relevant to injury to feelings awards in the Employment Tribunal)
What does this mean for employers?
Firstly, employers need to ensure that their worker’s salaries are reflective of the recent increases, to avoid falling foul of the legislation, which could result in claims being brought in the Employment Tribunal (such as for breach of contract and/or unlawful deduction of wages) or penalties levied by HMRC.
Employers will also need to be wary of the increases to the potential awards for successful employment claims, such as unfair dismissal and discrimination, which will be a relevant consideration when faced with prospective Tribunal claims.
More information
For more information on the increases to awards for successful Employment Tribunal claims, please see our related articles:
Looking ahead…
Following the recent Employment Bill in the Queen’s speech, and the subsequent statement made by the Department for Business, Energy & Industrial Strategy, Curzon Green’s Employment Team put together a summary of what we can expect in the months to come please click here to read the article.