Employment law updates
2017 was a busy year in the world of Employment Law. Among
the legal headlines were the removal of employment fees and the beginning of
what was to become a national consultation on the pay gap between men and
women.
However, the changes aren’t over for employers and HR
professionals: with March 29th 2019 signalling the UK’s separation
from the EU, 2018 looks set to be a year of significant change, particularly
where Employment Law is concerned. Let’s take a look at the main events you
might want to put in your calendar.
April
Marking the end of the old financial year and the start of
the new, it seems appropriate that the topic of tax will take the spotlight
this month. April will see the government making changes to the way termination
payments are taxed, including safeguarding the first £30,000 against income tax
and National Insurance contributions. This will also be the month in which the
first reports detailing the pay gap between the sexes must be submitted.
April also heralds the withdrawal of Employment Allowance
for a year from any employers who are found to have employed illegal workers.
In addition, the Fit for Work assessment service will be
scrapped at the end of March, as well as overhauling its current fit note
scheme – exact details as to who, other than Doctors, will hold certification
powers in the future is still unclear.
May
The big one for May will be the government rolling out the
EU-approved General Data Protection Regulation laws. Among the many new
protocols will be the right for individuals to be informed if their data has
been compromised and the right for them to have their information deleted from
search engines.
June
This is the month in which the EU’s Trade Secrets Directive
comes into play, giving greater protection to Intellectual Property Rights. For
businesses and individuals, this will mean greater recourse in the event that
trade secrets are misappropriated, especially by a member of staff.
Other Key Events in
2018
While it’s hard to see beyond the first months of 2018,
there are further changes to Employment Law expected, although their absolute
dates remain yet to be confirmed. However, if you’re an employer or an HR
professional, these are the upcoming key events to keep an eye out for:
Grandparental Leave
A hot topic since Parental Leave was introduced in 2015,
Grandparental Leave will see parents able to assign part of their maternity or
family leave to grandparents, allowing them to return to work more quickly. In
addition, the move is hoped to encourage grandparents to remain in work, rather
than having to leave their jobs in order to help their children with childcare.
Payment for Sleep-In
Shifts
Towards the end of 2018, the clock will be ticking fast for
employers who have not yet chased up their obligations to the Social Care
Compliance Scheme. Launched in 2017, the scheme gave employers until 2019 to identify
and pay what they owe to workers who may have been paid less than the minimum
wage for sleep-in shifts. Once the deadline has expired, employers will have
three months in which to make the outstanding payments, or face legal action.
Brexit
Although this doesn’t come into effect until the third month
of 2019, employers will be watching the continued negotiations regarding
Britain’s withdrawal from the European Union. While the Settled Status
agreement seems to have gained some ground, the main issue for employers is
likely to be how the legislation for immigrant workers will change.
The anticipated date for review of the rules will be in
2021, which gives businesses three years in which to begin recruiting and try
and stay ahead of the constantly-shifting Brexit sands.
2018 looks to be an important year for those who have any
dealing with Employment Law. While the short-term changes are well worth
investigating, the long-term plans are the ones that are set to have the
greatest effects.
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