Employment Law Update April 2015 (CIPD)

Employment Law Update By: Marie Walsh On: 22nd April @ 13:00

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Employment Law Update 22nd April 2015

Marie Walsh & Caroline Acton

Today’s Session

TOPICS

Compensation Limits National Minimum Wage

ACAS Early Conciliation Holiday Pay

Fitness for Work Flexible Working

Whistleblowing Cases

Antenatal Appointments and Adoption Leave

SPL

• 6 April 2015

• Unfair dismissal compensation - £76,574 to £78,335

• A Week’s Pay – £464 to £475

New Compensation Limits

• NMW Increased 1 October 2014: - £6.31 to £6.50 (21 and over) - £5.03 - £5.13 (18 to 20) - £3.72 - £3.79 (under 18) - £2.38 - £2.73 (Apprentice) • NMW Penalty increased - £5,000 - £20,000 • Government Names & Shames • Proposed increase further to NMW from £6.50 to £6.70

National Minimum Wage (NMW)

• 5th April 2015 • £138.18 – 139.58

• SMP • SPP • SAP

SMP/SPP/SAP

• Pre-claim

• Contact online or by phone

• Stop the clock

• Impact on claims?

- Q1 2014 to Q2 2014

- 22 % drop in claims

ACAS Early Conciliation

Holiday Pay

• British Airways plc –v- Williams and Ors 2012

• Lock –v- British Gas Trading Limited and Ors

• Bear Scotland

Shared Parental Leave

• New Legal entitlement – 1 December 2014

• Applies to babies due (or children placed for adoption) on or after 5 April 2015

• Opportunity to be flexible/share caring arrangements

• Leave calculated using mother’s entitlement to maternity/adoption leave

• Employees can:

stop/start SPL

return to work during periods of leave

• Maternity/Paternity/Adoption

Fitness For Work (FFW)

• New Health and Work Service

• Government Funded

• 4 weeks absence

• Phased introduction

• Update policies?

Flexible Working

• Extended to all employees – 30 June 2014

• 26 weeks continuous service

• Less prescriptive process

• Written request

• Application to be dealt with reasonably

• One request in any 12 month period

Antenatal appointments

• 1st October 2014 - Workers can accompany a pregnant woman

• “qualifying relationship”

• Two occasions – 6.5 hours each

• Unpaid

Adoption Leave

• 5th April 2015

• Day one right

• Statutory Adoption Pay is changing to come in line with SMP

• Also 5th April 2105 Paid time off for up to 5 Adoption Appointments for main adopter.

• Secondary adopter unpaid time for up to 2 appointments

Parental Leave

• Distinct and separate to SPL

• Time off to look after child's welfare

• Normally unpaid

• Now extended from 5th April 2015 from aged 5 cap to 18

Cases

• Gallop v Newport City Council [2013] EWCA

• Game Retail Ltd v Laws UKEAT

• Karsent Kaltoft v Kommunemes Landsforening

• USDAW v Ethel Austin Ltd & Others (Woolworths case)

Questions

Telephone: 0113 3571317

Website: www.Consilialegal.co.uk

email: [email protected]

[email protected]

Twitter: @consiliaemplaw

Linked in: https://www.linkedin.com/in/MarieWalshsolicitor

Thank You

Telephone: 0113 322 7240

Website: www.shorebird-rpo.com

Email: [email protected]

Twitter: https://twitter.com/ShorebirdRPO

Thank you!

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