This consultation document sets out the issues identified so far, seeks further evidence and invites views on a range of potential actions government and employers can take.
The CIPP has created a survey to collect your views and should take around 15 minutes to complete. The survey will close on Friday 28 February.
CIPP response to zero hours contracts
13 March 2014
The CIPP has today submitted its response to the BIS consultation on zero hours contracts.
There is unanimous agreement that the current guidance does not help individuals challenge exclusivity clauses in zero hours contracts, and that more generally, the government should provide clear and straight forward support and guidance to help both businesses and individuals understand their rights and obligations. As members are aware, the actual number of workers on zero hours contracts has been open to debate for many months, with various organisations suggesting numbers much higher than the government’s original estimate. The recently released ONS figures double the figure the government had originally predicted, and as a consequence the responses to Vince Cable’s consultation will, we have no doubt, be keenly scrutinised.
Employment Tribunals
UNLAWFUL DEDUCTIONS CLAIM AND PENSION CONTRIBUTIONS
29 April 2013
The Employment Appeals Tribunal (EAT) has been considering the question as to whether pension contributions count as wages within a claim for the purpose of unlawful deductions.
Thank you to Daniel Barnett’s Employment Law Bulletin for drawing our attention to the case of Somerset County Council v Chambers that asked the question of the EAT, do pension contributions amount to 'wages' for the purpose of an unlawful deductions claim?
It would appear not in this case.
Mr Chambers was a social worker employed by the Council. He was a member of a superannuation scheme to which both the employer and employee contributed. He later became a locum social worker on a fractional basis. A change to the Local Authority Pension Scheme rules meant that a person could not be a member of the scheme unless he was employed under a contract of employment of more than 3 months duration. The Council suspended contributions but later re-instated them. There was a dispute about pay, holiday pay and pension contributions in the suspension period.
The employment tribunal awarded the sums claimed as being wrongful deductions from wages.
On appeal to the EAT one of the questions was whether the employment tribunal had jurisdiction to award repayment of the employer's pension contributions on the basis these were deductions from 'wages'.
The EAT held that, notwithstanding the definition in s 27 (1) (a) of the Employments Rights Act 1996 that 'wages' meant "any sums payable to the worker in connection with his
CIPP Policy News Journal
16/04/2014, Page 102 of 519
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