New July 2014 Edition
Everything an employer needs to know about the latest employment law regulations and what this means for their business and staff. In one easy-read book.
Employment Law Made Easy does exactly what it says. It makes Employment Law easy to understand, to put into practice and to apply to your business. Quickly, and without any fuss. So you can get on with your business.
We usually only think of employment law when it's too late. And we’re in the middle of a rather messy disciplinary situation… Or we’ve placed a recruitment ad but vaguely remember some age discrimination legislation…
But Employment Law is something we all work under in business and it’s so easy to get up to speed.
Employment Law Made Easy will answer all your questions on the latest employment law regulations and how it affects:
Few legal regulations change as rapidly as employment law.
This latest 2014 edition will keep you up to date with the latest changes in employment law.
Our Employment Law Made Easy guide also provides a link to our Updates Service so you can catch up with any changes to employment law since the current edition of the book was printed.
Recent developments in employees’ rights have radically altered the legal relationship between employer and employee. Find out what this means for you and your staff.
Employment Law Made Easy gives you an everyman perspective on employment law from an insider expert.
In today’s cultural climate it's increasingly popular to seek legal remedies for violations of employment law. It's vital that every business understands what employment law means for them, and their staff. If you want to learn what simple best practice steps you can take to avoid the courts and adhere to employment law, you should read Employment Law Made Easy… and then you can simply get on with business!
Melanie Slocombe is a consultant at Draper Lang solicitors. She is an experienced employment tribunal advocate, and has also brought and defended proceedings in the High Court and in the Court of Appeal. Melanie has advised on corporate transactions and on pan-European human resource issues. Her clients have ranged from large plc organisations to individual senior executives. Melanie is Lawpack's leading employment law author. Her knowledge and expertise, communicated in a clear and concise style, have produced several bestselling employment law titles including our Employment Contracts Kit.
Employment Law Made Easy Contents
2. The employment relationship
3. Family-friendly rights
5. Termination of employment
Correction: On page 89, the Statutory Maternity Pay (SMP) rate will be increasing to £135.45 from April 2012, not £134.45.
Updates - November 2012
Page 4: 'Employing children and young persons'
No child may be employed under these additional circumstances:
Page 5: Restrictions on employing women
This section has been removed. These restrictions have not been abolished, but they relate to unusual and specific industries/circumstances, which are quite detailed, and are considered by the author as not appropriate for a book of this nature.
Page 22: National Minimum Wage (NMW)
The NMW is now £6.19 per hour for those aged 21 and over. The £4.98 rate now applies to those aged 18 to 20.
Those on apprenticeships who are either under 19 or in the first year of their apprenticeship are now entitled to a minimum wage of £2.65 per hour.
Page 24: Guarantee pay
Maximum guarantee pay is now £23.50 per day, with an annual maximum of £470.
Page 31: Paternity leave
Employees now have a right to take 26 weeks' paternity leave.
Page 36: Access to Stakeholder Pensions
This section has now been replaced with this:
'Since 1 October 2012, the previous requirement on a UK employer employing five or more employees to designate and facilitate access to a Stakeholder Pension scheme has been abolished. On 30 June 2012, pension reforms came into force which will require all UK employers to auto-enrol eligible jobholders in a pension scheme and make mandatory minimum contributions from a date assigned to them after 1 October 2012. The new employer duties are being implemented month by month over a five-and-a-half-year staging period. Larger employers are required to comply before smaller ones. Employers with fewer than 50 employees have staging dates between 1 June 2015 and 1 April 2017 from when they will be obliged to start the enrolment process.'
Page 84: New section on IVF treatment
'Recent case law has provided some clarity on the protection provided to employees who are undergoing IVF treatment. A protected period starts when fertilised ova are implanted (when she is regarded as being pregnant). If the implantation fails, the protected period ends after a further two weeks have elapsed. If an employer treats an employee unfavourably during this period, she can claim pregnancy discrimination.
In addition, a woman undergoing IVF treatment will be protected during the limited period when ova are being collected, fertilised and implanted. An employer that treats an employee less favourably because she is undergoing IVF treatment is likely to be found to have discriminated against her because of her sex.'
Page 96: Parental leave
The period of parental leave is due to increase to 18 weeks in March 2013.
Page 103: Paternity leave
Paternity leave is now referred to as 'ordinary paternity leave' (OPL).
Page 105: Additional paternity leave
After the section on ordinary paternity leave there is a new section on additional paternity leave (APL):
'Additional paternity leave (APL) is a right available to parents of a baby due on or after 3 April 2011 and to adoptive parents who were notified that they have been matched with a child on or after that date. Effectively, APL introduces a way in which either parent of a child can take time off work to care for their child in its first year.
APL is for a maximum of 26 weeks. The conditions for qualifying for APL broadly mirror those for ordinary paternity leave (see page 103-104) with additional conditions. To be eligible to take APL, the child's mother/adopter must (a) have been entitled to statutory maternity leave, SMP, maternity allowance, statutory adoption leave or SAP; and (b) have returned to work.
Providing the qualifying conditions are satisfied, APL can be taken by the spouse/civil partner/partner between 20 weeks and one year after the employee’s child is born or placed for adoption.
Notification and evidential requirements
The employee taking APL must comply with notice and evidential requirements at least eight weeks before the date on which they wish their APL to start. This includes:
Rights during APL
During APL, the employee is entitled to all benefits that they would have received had they not been on paternity leave, except wages and salary (but including benefits in kind). This means that the contract of employment continues and the period on paternity leave counts towards the employee’s continuity of employment.
Additional statutory paternity pay
Additional SPP (at the same rate as SPP above or 90 per cent of the employee’s average weekly earnings, if that is less) is payable only during what would have been the employee’s spouse/partner/civil partner’s SMP, maternity allowance or SAP period.
Protection from detriment and dismissal
Employees are protected from detrimental treatment and dismissal for reasons connected with their rights to OPL and APL.'