Employment Law & Guidance
Consultation published on caste discrimination 4 April 2017
This consultation is about how to ensure that there is appropriate and proportionate legal protection against unlawful discrimination because of a person’s origins with due consideration given to how such protection would be implemented in practice.
Geographical extent – this consultation applies to Great Britain only so excludes Northern Ireland.
From the foreword of the consultation: “No one should suffer prejudice or discrimination on any grounds. Behaviour based on prejudice and discrimination is wrong and should not be condoned, whether or not it is prohibited by legislation. Any prejudice and discrimination based on a person’s origins is unfair and unacceptable in a modern society. There is no place for it. We want to eliminate any unlawful discrimination and create a genuinely meritocratic society that works for everyone. “ The Government Equalities Office (GEO) has published a consultation which provides an opportunity for a public debate on whether caste is required to be an aspect of race in the Equality Act. And to analyse the implications of the amendment in section 9 (5) (a) of the Equality Act, involving all those who may be affected by it in relation to work, the provision of goods and services and the carrying out of public functions.
The GEO hope that employers, service providers and public authorities, as well as the wider public, will all contribute to this consultation , hence the 16 weeks given to ensure that everyone will have the opportunity to express their opinions.
The closing date for responses is 17 July 2017.
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Acas guidance on calculating holiday pay 5 May 2017
In advance of more in-depth guidance, Acas has made some minor changes to their holiday pay guidance web pages.
“Calculating holiday pay
In addition to current legislation, a number of recent court judgments should be considered when calculating holiday pay.
This means that the rules employers and workers follow to calculate holiday pay may need to be updated.
Key points:
Guaranteed and normal non-guaranteed overtime should be considered when calculating a worker's statutory holiday pay entitlement but there is currently no definitive case law that suggests voluntary overtime needs to be taken into account. Commission should be factored into statutory holiday pay calculations. Work-related travel may need to be factored into statutory holiday pay calculations. A worker's entitlement to holiday pay will continue to accrue during sick leave . There are different rules for calculating holiday pay depending on the working patterns involved. Workers must take their statutory paid annual leave allowance and can only be ' paid in lieu ' for this when their employment ends.”
See Calculating holiday pay from Acas for further details on these key points.
CIPP comment Earlier this year the CIPP held Think Tanks allowing CIPP members to meet with representatives from the Department for Business, Energy and Industrial Strategy (BEIS) and the Advisory, Conciliation and Arbitration Service (Acas) to
The Chartered Institute of Payroll Professionals
Policy News Journal
cipp.org.uk
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