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February 2018 Employment Newsletter

28-02-2018

Welcome to the latest edition in which we hope you will find something to interest both you and your business. If there is anything in particular you would like to know more about, please do let the employment team know.

Minimum Wage rate increases

The minimum wage should increase from 1 April 2018 and the expected increases are:


Tribunal awards and statutory payment increases

April will also see increases to the tribunal compensation limits. The current cap on the compensatory award for unfair dismissal will rise from £80,541 to £83,682 (or still be 12 months’ salary, whichever is the lower amount).

The maximum amount of a week’s pay, used to calculate statutory redundancy payments for example, will also rise from £489 to £508 from 6 April 2018.


GUIDANCE: the draft Data Protection (Charges and Information) Regulations 2018

These Regulations are expected to come into force on the same date as the GDPR (25 May 2018) and replace the Data Protection (Notification and Notification Fees) Regulations 2000. The Regulations:

  1. Detail when data controllers will have to provide information to the Information Commissioner’s Office (ICO) and pay a charge associated with the processing of personal data.
  2. Require an annual charge to be paid to the ICO unless all processing undertaken by the controller is exempt. Specific information must be provided to the ICO to determine the charge, ranging from £40 to £2,900.
  3. Make special provision where there is more than one data controller in respect of personal data, for example, in the case of a governing body and head teacher of a school.
  4. The ICO has also published specific guidance for the Regulations that you can access here: https://ico.org.uk/media/for-organisations/documents/2258205/dp-fee-guide-for-controllers-20180221.pdf


The Gig Economy

In early February the Government responded to the recommendations made by the Taylor Review published last summer which examined and consulted on modern working practices. The response announced the launch of four further consultations for Employment status, Agency workers, enforcement of employment rights and transparency within the labour market.

The response also highlighted that some recommendations that would be implemented:

  1. A new online tool to help determine employment status;
  2. The right to a written statement of terms to be extended to all workers and a right to request a “more predictable” contract for zero hours and agency workers;
  3. An extended pay reference period (used to calculate average earnings for holiday pay) from 12 to 52 weeks;
  4. Promoting genuine flexibility in the workplace;
  5. Review and update of the on-line pregnancy and maternity guidance;
  6. Increased penalties that the employment tribunals can issue against employers who breach employment law, from £5,000 to £20,000.

If you are responsible for HR matters within your business (or interested in employment law discussion), please contact us to attend the monthly HR Exchange with Julie Taylor from GL and Michelle Bailey from People Essentials. The next Newbury meeting is on Monday 12 March 2018 at 5pm.


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