Changes on the horizon

The Welsh Government introduced regulations which purport to make specific Welsh public bodies subject to the socio-economic public duty under the Equality Act 2010.

The NMW rates increased as follows:

• Apprentices: £4.30 per hour
• 16-17-year olds: £4.62 per hour
• 18-20-year olds: £6.56 per hour
• 21-22-year olds: £8.36 per hour
• National Living Wage: £8.91 per hour.

Period for which employers must keep records confirming they paid workers at least NMW increased to 6 years. Applied to records made before 1 April 2021, if the employer was already required to keep such records.

Medium and large companies in the private sector that contract with personal service companies for the provision of workers’ services have to account for tax and national insurance through PAYE where such engagements resemble ‘deemed employment’.

Changes introduced to the PENP calculation for employees with a pay period defined in months, but a contractual notice period defined in weeks or days, or where the post-employment notice period is not a whole number of months.

For further information please see the Government’s guidance here.

The following statutory payments and compensation limits were increased as follows:

• Sick pay: £96.35 per week
• Maternity, paternity, shared parental leave and adoption pay: £151.97 per week
• Week’s pay: £544
• Unfair dismissal compensatory award limit: £89,493 (or 52 weeks gross pay if less)

Statutory redundancy payment and unfair dismissal basic award limit: £16,320

Right not to be subjected to a detriment in specific health and safety cases extended to workers.

Deadline for EU citizens and their family members who are all living in the UK by 31 December 2020 to apply for either pre-settled or settled status under the EU Settlement Scheme.

Employers will be asked to contribute more under the Coronavirus Job Retention Scheme, paying 10% of the 80% paid to furloughed workers.

Employer contributions under the Coronavirus Job Retention Scheme will rise to 20% of the 80% paid to furloughed workers.

Extended from 21 June 2021. From this date employers must either:

1. check an applicant’s original documents; or
2. check the applicant’s right to work online, if they have given the employer a share code.

Employers do not need to carry out retrospective checks on employees who had a Covid-19 adjusted check between 30 March 2020 and 31 August 2021 (inclusive).

Employers will no longer be able to furlough their employees through the Government scheme.

A Private Members’ Bill which would give workers the right to flexible working from the day one of employment, subject to specific circumstances, had its first reading on 30 June 2021. The Bill will also require employers to confirm the level of flexibility when advertising vacancies.

The second reading is scheduled for 19 November 2021.

A Private Members’ Bill which would make provision for leave and pay for employees who have lost a close family member, had its first reading on 30 June 2021.

The second reading is scheduled for 29 October 2021.

A Private Members’ Bill making provision for paid leave for people who have experienced a miscarriage, had its first reading on 21 June 2021.

The second reading is scheduled for 3 December 2021.

A Private Members’ Bill making provision for parental leave for kinship carers who take on childcare responsibility for children whose parents are not able to care for them, had its first reading on 21 June 2021.

The second reading is scheduled for 14 January 2022.

A Private Members’ Bill prohibiting redundancy during pregnancy and maternity leave and for six months after the end of the pregnancy or leave (save for in certain circumstances), had its first reading on 21 June 2021.

The second reading is scheduled for 3 December 2021.

A Private Members’ Bill extending eligibility for paternity leave and pay and making provision for more flexibility in the timing of, and notice period for, paternity leave, had its first reading on 21 June 2021.

The second reading is scheduled for 29 October 2021.

Four Private Members’ Bills making provisions for workers’ rights and amending the definition of ‘worker’, had their first readings on 21 June 2021.

The Bills are due for their second readings later in the year.

A Private Members’ Bill which would grant indefinite leave to remain to health and social care staff, had its first reading on 21 June 2021.

The second reading is scheduled for 22 October 2021.

A Private Members’ Bill regulating the use of minimum qualification or experience requirements in job applications, had its first reading on 21 June 2021.

The second reading is scheduled for 10 December 2021.

A Private Members’ Bill seeking to restrict the use of non-disclosure agreements, had its first reading on 21 June 2021.

The second reading is scheduled for 3 December 2021.

A Private Members’ Bill which would place a duty on the Chancellor of the Exchequer to pursue a policy of full employment and make provision for an employment guarantee scheme for benefit claimants who have been unemployed and looking for work longer than six months, had its first reading on 21 June 2021.

The second reading is schedule for 26 November 2021.

A Private Members’ Bill prohibiting employers from retaining tips and gratuities intended for their staff and making provision for splitting tips and gratuities amongst staff, had its first reading on 21 June 2021.

The second reading is scheduled for 10 September 2021.

A Private Members’ Bill seeking to amend the Enterprise and Regulatory Reform Act 2013 making provision for civil liability for breaches of health and safety duties, had its first reading on 21 June 2021.

The second reading is scheduled for 26 November 2021.

A Private Members’ Bill providing that teachers and other education staff may choose to be accompanied to disciplinary or grievance hearings by a person other than a trade union representative or colleague, had its first reading on 21 June 2021.

The second reading is scheduled for 22 October 2021.

A Private Members’ Bill to give employees who are unpaid carers the right to one week’s unpaid leave for caring, had its first reading on 21 June 2021.

The second reading is scheduled for 4 February 2022.

A Private Members’ Bill making provision about the rights of workers (including to negotiate pay and join trade unions and employee associations), to amend the definition of worker, to make provision about the employment rights of members of the armed forces and to make provision about employee representatives on company boards, had its first on 21 June 2021.

The second reading is due to take place on 10 September 2021.

A Private Members’ Bill which would amend the law relating to workplace information and consultation, employment protection and trade union rights to provide safeguards for workers against dismissal and re-engagement on inferior terms and conditions had its first reading on 17 June 2021.

The second reading is scheduled for 22 October 2021.

In December 2018, BEIS published the Good Work Plan: one side flexibility consultation about the issue of workers having unpredictable working hours and insecure income.

The consultation closed on 11 October 2019 and the Government’s response remains outstanding.

A Private Members’ Bill to making provisions for an Office of the Whistleblower had its first reading in the House of Lords on 20 May 2021.

The date for the second reading is to be confirmed.

On 24 March 2021, a Private Members’ Bill making provision in the UK for:

• self-isolation support awards;
• workplace health and safety and assessments; and
• the removal of the lower earnings cap from Statutory Sick Pay,

had its first reading in the House of Commons.

A Private Members’ Bill increasing the rights for employees in relation to equal pay, including a right to obtain information relating to the pay of a comparator, had its first reading in the House of Commons on 20 October 2020.

The date for the second reading has not been confirmed.

A Private Members’ Bill increasing protections for whistleblowers had its first reading in the House of Commons on 5 February 2020.

The second reading started on 25 September 2020 and is due to resume on an unknown date.

A Private Members’ Bill making provision for granting asylum seekers who have waited six months for a decision on their asylum application, permission to work, had its first reading in the House of Commons on 5 February 2020.

The date for the second reading is to be confirmed.

A Private Members’ Bill making provision for granting asylum seekers permission to work if they have waited six months for a decision on their asylum application, had its first reading on 21 June 2021.

The second reading of the Bill is scheduled for 21 January 2022.

A Private Members’ Bill making provision for granting permission to work to asylum seekers who have waited six months for a decision on their asylum application, had its first reading in the House of Commons on 21 June 2021.

The second reading is scheduled for 3 December 2021.