We round up the latest employment news.
Penalties for employing illegal workers increasing to £60,000
The Home Secretary has announced that fines under the right to work scheme will triple from the start of 2024. The civil penalty for employers found to employ an illegal worker will raise from £15,000 to £45,000 for a first breach and from £20,000 to £60,000 for repeat breaches.
These measures are stated to be ‘the biggest shake up of civil penalties since 2014,’ and ‘form part of the Home Office’s wider strategy to combat illegal migration to the UK.’
Law restricting who can strike passed
In July 2023, the Strikes (Minimum Services Levels) Act came into force. It amends the Trade Union and Labour Relations (Consolidation) Act 1992 to provide for minimum services levels during authorised strikes in six key areas.
The provisions will not apply until the government issues further regulations (which it will need to consult on first). It has said that it will focus on minimum service levels for passenger rail services, ambulance services and the fire and rescue services.
New toolkit to help employers manage staff absence
The Advisory, Conciliation and Arbitration Service (Acas) has published a new toolkit and updated guidance on how to manage and report staff absence. It covers:
- Checking holiday entitlement and sick pay
- Fit notes and proof of sickness
- Time off for dependants/parents
- Returning to work after absence
- Creating absence policies
- Recording and reducing sickness absence
- Absence trigger points.
Government announces new plans to reform paternity leave and pay to benefit fathers
The government recently published its response to the 2019 consultation on Parental Leave and Pay and has committed to making changes to encourage fathers to take a fuller role in caring for their infant children.
At the moment, those who are eligible for Paternity Leave and Statutory Paternity Pay (SPP) are entitled to take one week or a single block of two weeks of paid leave. Both the leave and pay must be taken in the first eight weeks following the birth of their child (or placement for adoption) and special rules apply in cases where the child is born prematurely.
The government will introduce secondary legislation to make the following changes:
- To give fathers more flexibility, they will be able to take their two weeks of leave in two separate blocks of one week if they wish to do so.
- Employed fathers will be able to use their Paternity Leave and SPP within a year of child’s birth, rather than in the first eight weeks.
The government will not be making any changes to Shared Parental Leave or Unpaid Parental Leave.
Nurseries warn that they can’t deliver expanded free childcare
In the Spring Budget, the Chancellor announced that the free childcare scheme (currently available to working parents of children aged between three and four) would be expanded over the next couple of years as follows:
- From April 2024, eligible working parents will get 15 hours of free childcare for two-year-olds
- From September 2024, eligible working parents will get 15 hours of free childcare for children aged 9 months to 3 years
- From September 2025, eligible working parents will get 30 hours of free childcare for children aged 9 months to 3 years.
However, according to a recent survey published in the Observer, the majority of childcare providers in England won’t be able increase the number of funded spaces available because of costs, staff levels and/or the space they have available. The reality for many providers is that they use the fees paid for looking after younger children to subsidise the ‘free’ placements for three and four-year olds.
New government call for evidence on working time and flexible working
The Department for Business and Trade has issued a call for evidence to find out how employers deal with requests to work flexibly outside of the statutory scheme. It is interested in regular arrangements as well as those which are occasional, time limited and irregular. It wants this information to ‘improve its evidence base’ and help to inform it’s future flexible working strategy.
New consultation on revised Code of Practice on flexible working
Acas has launched a consultation on a revised Code of Practice on handling flexible working requests to reflect changes due to come into force in 2024.
The consultation closes on Wednesday 6 September 2023.
Labour party considering a right for workers to switch off
The Labour party is considering a proposal to introduce a ‘right to disconnect’ (a so-called right to switch off) if it wins the next general election. It follows an increasing trend since 2017, especially across Europe, of introducing restrictions on employers contacting workers outside normal working hours or protecting employees who choose not to engage with their bosses during such hours.
The proposal forms part of Labour’s ‘New Deal for Working People’ and is currently being considered by the party’s national policy forum this summer ahead of preparations for its next manifesto.
New guidance to help employees enforce an unpaid tribunal or EAT award
HM Courts and Tribunals Service has issued an updated version of leaflet EX727, explaining how an unpaid employment tribunal or EAT award can be enforced using a High Court Enforcement Officer under the Acas and Employment Tribunal fast track, operated by Registry Trust Limited.
Read more – August 2023
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