New and upcoming Legislation for review – do not hesitate to contact me if you would like further information on how the following may affect your business;
Mixed-sex civil partnerships are introduced in England and Wales
Implementation date: 2 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 enable mixed-sex couples to form civil partnerships in England and Wales. Previously, only same-sex couples could form civil partnerships. This change has an effect on survivor benefits in pension schemes. For example, the Local Government Pension Scheme (Amendment) Regulations 2019, which came into force on 31 December 2019, make provision for survivor benefits when a Local Government Pension Scheme member dies and leaves behind a surviving mixed-sex civil partner.
Reform to intermediaries legislation (IR35) is extended to private sector
Implementation date: 6 April 2020
The rules on off-payroll working in the private sector are amended, with the April 2017 changes to intermediaries legislation (IR35) in the public sector being extended to the private sector. The organisation, agency or other third party are made responsible for operating IR35, as opposed to the individual being engaged. However, small organisations are exempt. More details are set out in the Government’s consultation response: Off-payroll working in the private sector – summary of responses, policy paper: Rules for off-payroll working from April 2020, and factsheet: Off-payroll working rules from April 2020.
Increase in holiday reference period from 12 weeks to 52 weeks
Implementation date: 6 April 2020
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 increase the reference period used for determining a week’s pay when calculating holiday pay for workers with irregular hours from 12 weeks to 52 weeks. The Government’s Good work plan states that the changes will allow greater flexibility for workers in choosing when to take holiday, particularly for those in seasonal or atypical roles that limit some workers from benefiting from their full holiday pay entitlement.
Extension of the right to a written statement to all workers
Implementation date: 6 April 2020
The Employment Rights (Miscellaneous Amendments) Regulations 2019 extend the right to a written statement of employment particulars to all workers (including employees).
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 provide that access to a written statement will be a day one right for all workers (including employees). Employers will also have to provide additional information as mandatory content for a written statement.
Parental bereavement leave rights take effect
Implementation date: April 2020
The Parental Bereavement (Leave and Pay) Act 2018 provides for at least two weeks’ leave for employees following the loss of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. Employees with 26 weeks’ continuous service will be entitled to paid leave at the statutory rate and other employees will be entitled to unpaid leave.
Technical amendments to employment law to ensure smooth Brexit take effect
Implementation date: To be confirmed
The Government introduces legislation to ensure that employment laws continue to operate effectively on the day the UK leaves the EU. The legislation makes minor technical changes, including amending and removing inappropriate language and references.
The latest versions of the Regulations to be published are:
- Employment Rights (Amendment) (EU Exit) Regulations 2019;
- draft Employment Rights (Amendment) (EU Exit) (No.2) Regulations 2018;
- Insolvency (Amendment) (EU Exit) Regulations 2019;
- draft Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2018; and
- draft Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No.2) Regulations 2018.
New legislation to ensure that tips and gratuities go to staff
Implementation date: To be confirmed
The Government intends to introduce legislation to prevent employers from taking tips and gratuities that should go to staff. The Government’s announcement states that the changes are to prevent “poor tipping practices, including excessive deductions being made from tips left by customers” and that it will introduce the legislation “at the earliest opportunity”.