Ward Hadaway Guest WiFi Email: guest@wardhadaway.com Password: F1rew0rk$ Employment law update Wednesday 2 nd May Newcastle | Leeds | Manchester
2 Housekeeping Ward Hadaway Guest WiFi Email: guest@wardhadaway.com Password: F1rew0rk$ Newcastle | Leeds | Manchester
3 Agenda Employment status CCTV and GDPR Family Friendly Rights In Brief Newcastle | Leeds | Manchester
Employment Status Newcastle | Leeds | Manchester
Gig economy / self-employment 5 » 4.77 million self-employed people in January 2018 (14.8% of all people in work) compared to in 3.8 million in 2008. » Approximately 1.3 million people (4% of all in employment) working in the gig economy. » Gig economy will cost Treasury an estimated £3.5bn in 2020/21. » Recent case law extending the scope of employment rights and their enforcement. Newcastle | Leeds | Manchester
Why does it matter 6 Employee Worker Self employed Unfair dismissal National Minimum Wage Protection for health and safety on client's premises Maternity / paternity / Paid annual leave Normally protected from adoption / shared parental most forms of discrimination leave Redundancy pay Protection from all forms of Normally protected from discrimination, including suffering 'whistleblower' part-time or fixed-term status detriment Statutory notice periods Rest breaks Written statement of employment and pay slips Right to request flexible working Newcastle | Leeds | Manchester
Employment status – definitions under the Employment Rights Act 1996 7 » An " employee " is defined as an individual " who has entered into or works under a contract of employment ". » A " contract of employment " is defined as " a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing ". » A " worker " is defined as an individual " who has entered into or works under: (a) a contract of employment; or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or personally perform any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual ". Newcastle | Leeds | Manchester
Recent 'worker status' cases 8 » Uber » Addison Lee » Deliveroo » CitySprint » Pimlico Plumbers » Anderson v Hampshire County Council Newcastle | Leeds | Manchester
Case Study - Pimlico Plumbers 9 Newcastle | Leeds | Manchester
Employment status – key implications of getting it wrong 10 10 » National Minimum Wage/National Living Wage » Long enforcement period and significant penalties » 'Name and shame' campaign » Holiday pay » Potential value of claims in light of the King v Sash Windows case » PAYE Newcastle | Leeds | Manchester
The Taylor Review - Suggestions 11 11 » Renaming "workers" as "dependent contractors", with a clearer definition and additional employment law rights » Aligning employment status for employment and tax purposes » Introducing a higher rate of minimum wage for those without guaranteed working hours » Giving zero-hours workers the statutory right to request a guaranteed hours contract after 12 months » Placing burden on employers in employment status Tribunal claims » Allowing 'rolled-up' holiday pay with enforcement carried out by HMRC Newcastle | Leeds | Manchester
The Taylor Review - Actions 12 12 » Government responded by launching 4 consultations: » Employment status » Agency workers » Enforcement of employment rights » Measures to increase transparency in the UK labour market Newcastle | Leeds | Manchester
Consultancy Agreements and IR35 13 13 » 'Personal service companies' are often used in Consultancy Agreements » Government estimates only 1 in 10 PSCs are genuinely self-employed » IR35 'off-payroll working' regime introduced to public sector in April 2017 with 'deemed employment' obligations » Potential introduction into the private sector? » Importance of contractual terms and practical arrangements Newcastle | Leeds | Manchester
Reforms to Tax and NICs treatment of termination payments Newcastle | Leeds | Manchester
Reforms to Tax and NICs treatment of termination payments 15 15 » New tax rules apply where both payment and termination occur on or after 6 April 2018: » All PILONs will be treated as earnings and therefore subject to deductions for income tax and NI contributions; » Employers NI contributions (but not employee NI) will be payable on any part of a compensation payment that is taxable from 6 April 2019; » The £30,000 tax exemption will remain. Newcastle | Leeds | Manchester
16 16 Reforms to Tax and NICs treatment of termination payments » AFFECT: » Fairness and clarity to the taxation of termination payments by making it clear that all PILONs are taxable earnings. » This means the tax and NICs consequences are the same for everyone and are no longer dependent on how the employment contract is drafted. Newcastle | Leeds | Manchester
GDPR – 25 May 2018 Newcastle | Leeds | Manchester
General Data Protection Regulation 18 18 » GDPR will come into force on 25 May 2018 » The GDPR sets out a number of principles with which data controllers must comply when processing personal data: » Lawfulness, fairness and transparency » Purpose limitation » Data minimisation » Accuracy » Storage limitation » Integrity and confidentiality » Accountability Newcastle | Leeds | Manchester
What HR should have in place by 25 May 2018 19 19 Data Minimisation Data Accuracy Data Security Retention Periods Data Protection Policy. Breach Reporting DPO/DPM Details SAR Right to object to processing Newcastle | Leeds | Manchester
What HR should have in place by 25 May 2018 20 20 Fair Processing Notice Each one is standalone and dependent on processing Processing Record involved could require multiple records. Data Protection Impact Assessment Data Breach Log Standalone. Newcastle | Leeds | Manchester
GDPR Principles 21 21 » As the ER you must comply with the 6 GDPR principles when processing EE personal data. Same position < DPA 1998 Stricter obligations New Principle Newcastle | Leeds | Manchester
General Data Protection Regulation 22 22 » Fines are huge – up to 20,000,000 euros or 4% of annual global turnover » SAR - £10 fee abolished » SAR - 40 day deadline abolished. Compliance must be "without undue delay" and within one month » New – the right to be forgotten » New – self-reporting when GDPR has been breached. Must be done within 72 hours of becoming aware of the breach Newcastle | Leeds | Manchester
Families Newcastle | Leeds | Manchester
Shared Parental Leave 24 24 » Introduced by the UK government in April 2015. » Only 8,700 parents took advantage of Shared Parental Leave between April 2016 – March 2017. » By contrast, 661,000 mothers and 221,000 fathers took maternity and paternity leave over the same period. » The government estimated last year that 285,000 working couples were eligible and it predicted that between 2 per cent and 8 per cent would take part in the scheme. Newcastle | Leeds | Manchester
Enhancing shared parental pay 25 25 » Direct sex discrimination cases brought by male employees in Hextall v Chief Constable of Leicestershire Police and subsequently Capita Customer Management Ltd v Ali » Contrasting ET decisions left the law in an uncertain position » EAT decision this month has clarified that a direct sex discrimination claim can't be brought where an employer applies the same policy on enhancing shared parental pay to men and women » Possibility of indirect discrimination claim? Newcastle | Leeds | Manchester
Parental Bereavement Bill 26 26 » There is currently no specific parental entitlement to time off work (paid or otherwise) following the death of a child, although other types of statutory leave may apply » Government is proposing to introduce a statutory right to 2 weeks' paid leave for employees who lose a child under the age of 18, subject to having 26 weeks' continuous employment » Government consultation open until June 2018 regarding the eligibility criteria, notice and eligibility requirements and leave patterns. Newcastle | Leeds | Manchester
Childcare voucher scheme 27 27 » Deadline for new entrants extended to 4 October 2018 » Existing schemes unaffected until parents leaves current employer or employer closes scheme » Tax-free childcare scheme brought came into force April 2017 Newcastle | Leeds | Manchester
28 28 In Brief Newcastle | Leeds | Manchester
In brief – Employment Tribunal Claims 29 29 » ET fees abolished 26 July 2017 » Ministry of Justice published the provisional tribunal statistics for October to December 2017 » Single ET Claims up 90% Newcastle | Leeds | Manchester
Employment Tribunal Fees 30 30 » Prior to the decision, employment fees were as follows: Type of Claim Fee unpaid wages £160 plus an additional £230 redundancy pay for a hearing fee. holiday pay notice pay equal pay unfair dismissal £250 plus £950 for the discrimination hearing. whistleblowing Newcastle | Leeds | Manchester
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