27 June 2014
This newly published Bill has several clauses of interest to employers.
Many thanks to Daniel Barnett for the following analysis of the key clauses for employers in this Bill .
First, under clause 136, a new system for enforcing tribunal awards: an 'enforcement officer' will give a 28-day warning notice if a tribunal award remains unpaid. If the monies are not then paid by the Respondent, a 'penalty notice' will be issued. The penalty is 50% of the outstanding amount, subject to a minimum of £100 and a maximum of £5,000. If the full sum, and the penalty, are then paid within 14 days, the penalty is reduced by 50%. The penalty is payable to the Secretary of State, not the Claimant. Second, details of the 'outlawing zero hour contracts', announced earlier today. Clause 139 of the Bill provides a definition of a zero-hour contract, and renders any clause which tries to stop the worker working for somebody else void. Third, a power to amend the employment tribunal procedural rules to limit the number of postponements available to a party (clause 137), and an obligation on the tribunal to consider making a costs award if the postponement application is a late one (the concept of what a late postponement is will be set in secondary legislation). Fourth, a power to allow the Treasury to require repayment of some or all of a termination payment in a public sector exit (clauses 140-142). All the details will appear in secondary legislation. Fifth, under clause 135, a framework requiring prescribed persons under the whistleblowing legislation to publish details of disclosures made to them (this is subject to detailed secondary legislation, not yet published). One additional clause not listed by Daniel Barnett confirms the introduction of legislating for cheque imaging, which was supported by the CIPP in response to previous consultation. The Government’s response to this consultation is published here .
The government has now issued a series of factsheets on the key proposals.
Checking the right to work of new employees
23 July 2014
We are grateful to Tolleys for sharing a useful guide summarising the employer’s responsibilities when checking that a new employee is entitled to work in the UK. This is an area where misunderstandings can easily arise, and where the potential penalties for non- compliance are very substantial. The Tolleys guide sets out what the employer needs to check and when, and should be very helpful in indicating to HR and payroll professionals how to avoid the risk of a sizeable penalty.
Employment status review
29 July 2014
The government is consulting on employment status, following a recommendation by the Office of Tax Simplification (OTS), with a view to introducing possible legislation in the 2015 Budget.
CIPP Policy News Journal
08/04/2015, Page 63 of 521
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