Policy News Journal - 2017-18

The Insolvency Service has announced that it will be changing the way it calculates holiday pay to include contractual- based commission. Its decision has retrospective effect, ie will benefit everyone who has ever applied for and received holiday pay from it. If someone applied for holiday pay from the Insolvency Service on or after 1 August 2011 (whether or not they've been paid it), the Insolvency Service will contact them directly to seek evidence of what extra payments they might be entitled to.

If someone applied for holiday pay from the Insolvency Service earlier than August 2011, then they need to contact the Insolvency Service.

But these extra payments will only be made if the employee indicated at the time on their form that they were entitled to contractual commission. If they did not, they cannot raise a claim now.

See the Insolvency Service website for more details.

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The Trade Union (Wales) Act 2017 4 October 2017

The Trade Union (Wales) Act 2017 came into force on 13 September 2017 and dis-applies certain provisions in the Trade Union Act 2017 including restrictions on deduction of union subscriptions from wages by employers (commonly known as check-off). The Trade Union (Wales) Act 2017 (the Act) applies to devolved Welsh public bodies and to trade unions in public services delivered by devolved Welsh public bodies. It dis-applies to those bodies the following provisions in the Trade Union Act 2016 (the 2016 Act) which was introduced by the UK Government and passed by Parliament:  a requirement for a 40% ballot threshold to be met before workers employed in ‘important’ public services may take industrial action;  a requirement for public sector employers to monitor arrangements for time spent on facility time and a power for the Secretary of State to limit facility time; and  conditions on the circumstances in which deductions of trade union subscriptions may be made from wages. The Act also includes a provision that prohibits devolved Welsh public bodies from using agency workers to provide cover during industrial action. There is existing law that prohibits agencies from supplying workers to provide cover but the UK Government has said that it intends to repeal it. Devolved Welsh public bodies include the Welsh NHS, local authorities, schools, fire services and Welsh Government Sponsored Bodies in Wales. The Act does not dis-apply provisions in the 2016 Act in relation to services provided by a contractor to a devolved Welsh public body.

Further details are available on the Welsh Government’s website .

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Whistleblowing changes implemented in Northern Ireland 9 October 2017

Northern Ireland has implemented new legislation which brings a public interest test into its rules on whistleblowing, bringing its rules into line with GB law.

Pinsent Masons has reported the following:

“Northern Ireland has implemented new legislation which brings a public interest test into its rules on whistleblowing, bringing its rules into line with GB law. This removes the requirement for whistleblowing disclosures to be made in good faith, and requires companies to produce annual reports on disclosures of information made by workers, as well as introducing vicarious liability for employers where employees are subjected to a detriment by colleagues after blowing the whistle.

The Chartered Institute of Payroll Professionals

Policy News Journal

cipp.org.uk

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