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Employment law changes 2019/2020 – what’s to come?

Clear Bridge HR • August 13, 2019

Already in 2019 employment law has seen a number of legislative changes, including the annual increase in statutory rates (including an increase in the National Living Wage from £7.83 to £8.21), employers of 250 or more employees being required to publish their second annual pay gap data and employers being obliged to provide pay slips to workers as well as employees (and pay slips must now also state the total number of hours worked where pay varies according to the hours worked).

So what employment law changes are left to come in 2019 and as we look ahead to 2020? 

Potential reintroduction of tribunal fees (2019 – TBC)

The Government was heavily criticised in 2017 when it was found that the fee scheme introduced in the employment tribunal in 2013 was unlawful. The Ministry of Justice has indicated it may reintroduce fees for employment tribunal claims, if it can find a balance in funding the court system without preventing access to justice – watch this space!

Extension of IR35 Regulations to the private sector (April 2020)

The extended IR35 rules are aimed at reducing tax avoidance for off-payroll contractors working through personal service companies (PSC). Since April 2017 public sector employers have been responsible for deciding whether IR35 applies, and this is being extended to the private sector although the extension will only apply to medium and large sized organisations.

Written statement of terms from day 1 (April 2020)

From 6th April 2020 there will be a requirement for all employees to be provided with a written statement of terms on the first day of their employment, rather than within the first two months as is currently required by the Employment Rights Act 1996.

Parental Bereavement Provision (2020)

Parental Bereavement provisions will entitle employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy, to two weeks’ unpaid leave, as a right from day one of their employment.

The leave will be paid at the statutory rate if an employee has 26 weeks’ service and employers can choose to enhance this if they wish.

Good Work Plan (2020 and beyond)

One of the things you may already be aware of is the ‘Good Work Plan’. This seeks to build on the response by the Government to the Taylor Review and details the intention to improve working conditions for agency workers, zero hours workers etc.

These new laws will include a right for workers to request a more stable and predictable contract, an increase in the period required to break continuous employment from one week to four weeks, a ban on deductions from staff tips and a promise to improve the clarity of the employment status test which has received some criticism to date.

In addition to all these changes, there still remains a very significant question mark over the final terms in which the UK will leave the EU and the impact that this could have on UK employment law. So, whatever your business and whatever your workforce makeup, be sure to keep on top of changes by signing up to our newsletter here and get ahead of the curve by making changes as they happen and not after the event. Alternatively, sign up to one of our packaged services and we’ll make all the relevant changes for you in real time so you can rest assured that your business is compliant.

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