Policy News Journal - 2017-18

Many businesses and their staff may not realise that a working person's employment rights very much depends on their status. A person who is self-employed or defined as a worker is likely to have different legal rights to someone else who is considered an employee.

We know that people find this a confusing area of the law so we have updated our advice to provide some clarity on the various different types of ways that people can work and the employment rights that they are entitled to."

There are three main types of employment status:

  

Employee; Worker; and

Self-employed.

Employment rights for workers include basic entitlements such as the national minimum wage, holiday pay and protection against unlawful discrimination. Employees have the same rights but can receive more rights such as maternity or paternity leave, itemised pay slips and the right to request flexible working.

Acas' new revised guidance includes a larger focus on people who are self-employed and umbrella companies.

Acas' employment status advice also covers:  Agency workers;  Apprentices;  Fixed Term Workers;  Peripatetic workers;  Piece work;  Volunteers, work experience and internships; and  Zero hours contracts.

Acas' new revised full guidance

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Welsh Assembly Bill to reverse elements of Trade Union Act for Wales 10 August 2017

A Welsh Government Bill has been introduced to amend provisions in the Trade Union Act 2016, including facility time and check off.

The Trade Union (Wales) Bill amends provisions in the Trade Union Act 2016 (c.15) that have an adverse effect on the social partnership approach taken by the Welsh Government in Wales.

Sections 3, 13, 14 and 15 of the Trade Union Act which amend the Trade Union and Labour Relations (Consolidation) Act 1992 impose new requirements in relation to balloting for industrial action, facility time and check off (payment of trade union subscription fees by way of a deduction by the employer from the employee’s wages).

The Bill proposes to introduce changes that dis-apply certain provisions of the UK Government’s Trade Union Act 2016 as they apply to devolved Welsh authorities. The provisions to be dis-applied are as follows:

 the 40% ballot threshold for industrial action affecting important public services;  powers to require the publication of information on facility time and to impose requirements on public sector employers in relation to paid facility time;  restrictions on deduction of union subscriptions from wages by employers.

The Bill will reverse the effect of these provisions to protect the continued delivery of public services in Wales.

Further detail about the Bill can be found in its accompanying Explanatory Memorandum .

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The Chartered Institute of Payroll Professionals

Policy News Journal

cipp.org.uk

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