* Employment law update Lisa Ellis lellis@acas.org.uk
The National Living Wage • To be introduced on 1st April 2016 • A rate of £7.20 per hour aged 25 and over • Nation Minimum Wage will remain for those under 25 • The National Living Wage will be compulsory • Government aiming for an hourly rate of £9.00 per hour by 2020
Action employers can take before the introduction of the National Living Wage Identify those eligible for the National Living Wage Consider the effect on pay differentials Plan for the financial impact Communicate with employees
Zero Hours Contracts Benefits for employers Benefits for workers • pool of available staff • gain experience/skills • cope with fluctuating • fit in with study/other demand commitments • cost • supplement other income e.g. pension Risks for employers Risks for workers • fluctuating earnings/hours • no obligation to work • unable to make plans • potential lack of staff commitment • lack of security
Zero Hours Contracts From 11 th January 2016: • Any dismissal of a zero hours employee is automatically unfair if the principal reason is that they breached a contractual term prohibiting working for another employer • No Qualifying period required to bring an unfair dismissal claim • Unlawful if a zero hours worker suffers a detriment if they work for another employer
Fit For Work Service has two elements: 1. Advice site • online chat to specialist advisor • library of health and work topics Advice line - 0800 032 6235 Web site - fitforwork.org 2. Referrals
Who is eligible? Employees only Have given consent Still employed Absent for 4 weeks Not referred in last 12 months Return reasonably likely
Conflicting advice? Advice from Fit for Work is not legally binding Advice from a GP is not legally binding Employers should act reasonably when deciding the best course of action Seek legal advice if necessary
Updating attendance policies • That advice is available from Fit for Work • Managers may be contacted by Fit for Work about an employee • Dealing with return to work plans, what to do and how to support employees • Develop a consent form Remember it is not mandatory
Acas Productivity Tool www.acas.org.uk/productivity
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