Legislation tracker – 2019
Changes taking place in 2019
Immigration – illegal working
New changes will allow employers to rely on online checks to establish a statutory excuse against liability for a civil penalty (in the event that they are found to be employing illegal worker), permitting short birth or adoption certificates to be relied upon when evidencing an individual’s right to work and bringing into force a revised Code of Practice.
Proposed date the UK exits the EU.
Gender pay gap reporting
Date by which all applicable public authorities (including schools and colleges) must publish their gender pay gap data for the period 31 March 2018.
The report must be published on the government website and a searchable UK website that is accessible to employees and the public.
Increases to National Minimum Wage rates and Living Wage
The National Living Wage will increase from £7.83 to £8.21
NMW will increase as follows:
Workers aged 21 to 24 – from £7.38 to £7.70 Workers aged 18 to 20 – from £5.90 to £6.15 Workers aged over compulsory school age under 18 - from £4.20 to £4.35 Apprentices – from £3.70 to £3.90
Pension changes – auto enrolment
The minimum contribution rates will increase to 3% for employers and 5% for employees.
Itemised pay statements
Workers must receive payslips.
The payslips of workers and employees paid by the hour must clearly set out the number of hours they have been paid for.
Increases in statutory payments and tribunal awards
The maximum compensatory award for unfair dismissals taking effect from 6 April 2019 will increase from its current rate of £80,541 but the amount of increase has not yet been announced.
A week’s pay (used to calculate statutory redundancy payments and the basic award in unfair dismissal claims) will also increase from its current rate of £489 (gross) but the amount of increase has not been announced yet.
Increases to the statutory rates for maternity, paternity, shared parental pay, adoption and sick pay.
Statutory rates for everything other than sick pay will increase from £145.18 to £148.68 or 90% of average earnings if lower.
Statutory sick pay will increase from £92.05 to £94.25.
*These changes usually come into effect on first Sunday of April, but the actual date has not yet been announced.
Proposed changes – dates not yet confirmed
Trade unions – check off provisions
Public authorities will be subject to restrictions in respect of deducting union subscriptions from wages.
Trade unions – imposition of financial penalties
The Certification Officer will be able to impose financial penalties of up to £20,000 on trade unions if they fail to comply with certain statutory requirements. These include: failing to ensure senior positions are not held by someone with a criminal record; breaching requirements for elections to senior positions and mismanaging political funds.
No date – originally expected to come into force in April 2016
Repayment of public sector exit payments
Qualifying individuals will be obliged to notify their new and previous employer where they propose to return to any part of the public sector (as an employee, self employed contractor or office holder) after they have received a public sector exit payment within the previous 12 months.
Public sector exit payments include those paid for loss of employment, including enhanced redundancy payments, discretionary payments to buy out actuarial reductions to pensions and severance payments. It does not apply to payments in lieu of notice, contractual bonus payments or those made in connection with incapacity, or payments awarded to the individual by a court or tribunal.
Qualifying individuals are those who earned £80,000 or more within 12 months of receiving their exit payment.
Repayment will be tapered, so for example, an employee returning within 2 months of receiving an exit payment will repay more than an employee returning 9 months after receiving the payment.
No date – originally expected to come into force after 1 October 2016
The government said it would introduce a £95,000 cap on exit payments made to public sector workers.
When section 1 and Schedule 1 of Technical and Further Education Act 2017 (TAFEA 2017) are brought into force they will extend the Institute for Apprenticeships’ remit to cover classroom-based technical education in addition to apprenticeships. They also includes measures which support the Institute’s establishment and remit regarding apprenticeships.
Unpaid work experience
This is a private member’s bill seeking protection for individuals undertaking work experience. Workers undertaking work experience in excess of four weeks must be paid the appropriate national minimum wage.