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Are You Ready For The Agency Workers Regulations (NI) 2011? Read our latest news about this topic here

CURRENT EMPLOYMENT RATES

National minimum wage rates -  1.10.11

• £6.08 an hour for workers aged 21 and over £4.98 an hour for workers aged 18 to 20
• £3.68 an hour for workers aged 16 to 17

The government has extended the adult minimum wage rate to 21-year-olds from October 2010. Previously the qualifying age for the adult National Minimum Wage was 22.

Apprentice minimum wage - £2.60 per hour

The apprentice rate applies to:

• apprentices under the age of 19
• apprentices aged 19 and over, but in the first year of their apprenticeship

Statutory Payments – 4.4.11

Statutory Maternity Pay (weekly)                      £128.73
Statutory Paternity Pay (weekly)                      £128.73
Statutory Sick Pay (weekly)                              £81.60

Statutory Payments - 1.2.12

Statutory Redundancy weekly cap                 £430.00
Lay off daily rate                                             £23.50

Compensation Limits

Unfair Dismissal compensation cap                     £72,300
Discrimination compensation claims                    No limit on compensation awards

10 TOP TIPS FOR EMPLOYERS – WHAT YOU SHOULD KNOW AND HAVE IN PLACE

1. Written contracts must be issued to employees within 8 weeks of commencing employment.As a minimum, each Company must develop a Disciplinary and Grievance policy and procedure.  A copy of these procedures must be either issued to each employee or be easily accessible to employees within the workplace.Statutory procedures must be followed when conducting dismissal and grievance processes to avoid automatic unfair dismissal rulings and/or compensation uplifts of up to 50%.Employers who have 11 or more employees who work 16 or more hours per week are legally required to register with The Equality Commission and complete a Fair Employment return annually and an article 55 every 3 years. Any employees who work more than an average of 48 hours per week over a 17 week reference period must complete an opt-out form to enable them to work in excess of the WTD regulations.Adults who work more than 6 consecutive hours are entitled to a minimum of a 20 minute break.  Under 18 year olds are entitled to a 30 minute break if they work more than 4.5 consecutive hours.   The statutory minimum annual holiday entitlement for a 5 day week worker is 28 holiday days per year, if they are in service for the full holiday year.  These 28 days can include public holidays.If you intend making any changes to your contracts of employment, you must consult with your staff and gain their consent to the change any terms within the contract.  9.   Employees must have 1 year’s continuous service with the Company to be able to lodge a claim of Unfair dismissal against their employer.  There is no minimum service requirements for discrimination claims to be lodged against your Company.
2. Keep an accurate record and copies of contracts, meetings, conversations, minutes of meetings, letters issued to employees etc.  This is critical for your defence in any future litigation claims and for the day to day management of your employees.

KEY EMPLOYMENT CASES

£200,000 of building work costs deemed a reasonable adjustment

Allen lodged a disability discrimination claim against the Royal Bank of Scotland for failure to make a reasonable adjustment to their premises.Allen had muscular dystrophy and used a wheelchair.  He wanted to use the counter facilities at RBS’s Sheffied branch but there was no wheelchair access.  The Court of Appeal ruled that phone and internet banking were not reasonable alternatives and RBS must install a lift.  Under the Disability Discrimination Act 1995 there is a duty to make reasonable adjustments both in employment and service provisions and can require employers to alter their premises.  The court decided in this case that £200,000 cost and disruption to the bank was not
disproportionate.

‘Use it or lose it’ Holiday Case Won By Employer

Under the working time directive (WTD), employers have the right to require notice from staff to take holidays, the directive states holiday requests should be made giving notice twice as long as the duration of the holiday requested.  However employers have the flexibility to state within their contracts their preferred notice period which overrides the WTD.  Employers also have the right to refuse holiday requests under the WTD if the request would impact on the business.In the case of Lyons v Mitie, the Company Policy was that staff had to give 4 weeks notice to take holiday leave.  Shortly before the holiday year end, an employee asked to take his remaining holiday entitlement for that year, but he had not complied with the 4 week notice rule.  He was refused and he resigned shortly afterwards.  The tribunal found in favour of the employer and rejected the employee’s claim for holiday pay.  Therefore in most cases employers are justified in taking a ‘use it or lose it’ approach to annual leave and in this case it was the employees own fault if they do not use up their annual leave

Redundancy Was Age Discrimination

Beck who was made redundant challenged the Company’s decision on the basis that he felt he was dismissed because of his age.  He won his unfair dismissal claim and direct age discrimination claim.

Beck was 42 and head of marketing.  He had a poor working relationship with his manager who was 6 years younger than him.

Following a reorganisation within the Company, Beck along with a number of others was made redundant.  The employer provided a brief which he issued to recruitment consultants, requesting that they fill a number of roles, including a marketing team head, a ‘younger’ candidate.  The tribunal found that Beck’s was not a genuine redundancy and that the employer planned to replace him with someone with the same skills.  The employer was unable to demonstrate that the dismissal was not influenced by age