Policy News Journal - 2014-15

The Government has published its response to the consultation on annual whistleblowing reporting requirements for prescribed persons.

Out-Law.com provides a summary:

The Government has published its response to the consultation on annual whistleblowing reporting requirements for prescribed persons. The consultation ran from 1 August to 30 September 2014 and sought views on the practical implications of a legal power contained in the Small Business, Enterprise and Employment Bill to require certain prescribed persons to report annually on whistleblowing disclosures. The Government received 49 written responses to the consultation with just under half of the responses coming from prescribed persons. The Government in its response has decided to make the reporting requirements more flexible and "light touch" than originally envisaged, in order to accommodate the various roles and remits of prescribed persons. The Government also concluded from the responses that the reporting process should not be too onerous to account for the diverse bodies listed as prescribed persons. Moreover, the report should be made available online for maximum accessibility. Alongside the response, the Government also produced the draft Prescribed Persons (Report on Disclosures of Information) Regulations 2015, which sets out the detail of its proposals in outline. These regulations could be made under the power in the Small Business Enterprise and Employment Bill and will continue to be developed in parallel to the Bill’s passage through Parliament. Within the draft regulations is a provision clarifying that the report will not require the disclosure of any information which could identify the worker who made the disclosure or the employer to which the disclosure relates to.

Visit GOV.UK to access the Government's Response and accompanying draft regulations.

Holiday pay

Judgement expected shortly over holiday pay calculations

28 October 2014

It is with relief that we note from the Sunday Times that a decision is expected imminently in this matter.

Thanks to the Sunday Times for their report:

MINISTERS are to intervene in a long-running row over how companies calculate holiday pay, in a bid to stave off the threat of huge backdated claims from staff.

Rulings in two crucial employment tribunal cases are expected within days. They relate to whether employers should include overtime when assessing holiday pay. A third judgment, expected next year, will deal with the inclusion of sales commissions.

Until now, holiday pay has been assessed by working out the average basic pay received by a member of staff in the weeks leading up to their leave.

Workers and trade unions have challenged this, arguing it is unfair and that extras such as commission and overtime should be included. However, bosses fear that if they succeed, as many legal experts expect, it will open the door to a slew of legal claims that could force companies to make big backdated pay awards.

CIPP Policy News Journal

08/04/2015, Page 86 of 521

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