The guidance details:
what a right to work check is
why you need to do right to work checks whose documents you should check
how to carry out checks
when to carry out initial checks, follow-up checks and what happens under TUPE what documents are acceptable.
Scotland to Abolish Employment Tribunal Fees 4 September 2015
In the recently published Programme for Scotland 2015-16, the Scottish Government has announced their intention to abolish fees for employment tribunals to ensure that employees have a fair opportunity to have their case heard. The publication ‘ A Stronger Scotland: The Government's Programme for Scotland 2015-16 ' does not state when they intend to abolish the fees but does say that they will be consulting on the shape of services that can best support people’s access to employment justice as part of the transfer of the powers for Employment Tribunals to Scotland. In July 2015 the Scottish Government published proposals for devolution beyond the Smith Commission recommendations that would provide a coherent package of powers to boost competitiveness and tackle inequality. These included business and employment taxation, employment rights including the National Minimum Wage, and the social security system. Short of independence, the Scottish Government’s preferred approach is full fiscal autonomy. They are continuing discussions with the UK Government to secure changes to the Scotland Bill both to meet the Smith Commission recommendations in full and beyond. They state that their aim is to secure a Bill, and an accompanying fair financial agreement with the UK Government, that it can recommend to the Scottish Parliament.
CIPP comment The Scottish Rate of Income Tax is due to be announced in November and in the interim we shall be closely monitoring developments as the Scotland Bill and associated amendments make their way through parliamentary scrutiny.
Employment tribunal fees briefing paper 22 September 2015
The House of Commons Library has published a briefing paper which summarises the background to and operation of the tribunal fees system.
Employment tribunal fees were introduced during July 2013 by The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893). Prior to that, since the creation of the employment tribunal system, claimants were not required to pay fees to bring their claims. Claimants must now pay separate fees to issue their claim and have it heard. Fee levels differ according to the nature of the claim. It is possible for those with limited means to obtain a reduction or waiver of fees provided certain criteria are met. The introduction of fees coincided with a steep decline in the number of cases received. In the year to June 2013, employment tribunals received on average just under 13,500 single cases (brought by one person) per quarter. Following the introduction of fees, the number of single cases averaged around 4,500 per quarter between October 2013 and June 2015, a decrease of 67%. The average number of multiple cases (brought by two or more people) received per quarter fell from just under 1,500 to fewer than 500, a 69% decrease.
Since their introduction, tribunal fees have been the subject of repeated judicial review proceedings both in England and Wales, and in Scotland. To date these challenges have been unsuccessful.
CIPP Policy News Journal
25/04/2016, Page 56 of 453
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