July edition employment law news

Hello  Readers,

Well,   here are,  in the midst of the sort of political turmoil we could not have imagined even a month ago.  We, of course, will carry on,  as you do, not that much will change on a day to day basis and almost certainly nothing about employment legislation will make any difference.   If you have a moment, do follow the link to my blog on the Daniel Barnett comment.   Mr. Barnett is one of our leading commentators on employment law and his opinion is well  worth the read.

            Read on for details, and, as always, call me or mail me if you have any concerns or need more information about this edition’s content.

Kind regards,     Paul  

First The News:

Age Discrimination and National Minimum Wage

The House of Commons library has produced a debate pack (ie briefing note for MPs) on the interaction between bands of the national minimum wage and age discrimination.
It is intended to inform intelligent discussion in a forthcoming Westminster Hall debate about the introduction of the National Living Wage alongside a new 21-24 year old age band, which has led to renewed interest in the rationale behind minimum wage age-banding, fears that workers over 25 would be discriminated against in favour of younger, cheaper, workers and concerns that workers aged 21-24 are now ineligible for the full minimum wage.
The rationale for minimum wage age banding has typically been that younger workers occupy a more vulnerable position in the labour market, with a greater need to acquire experience, and that if younger workers were eligible for the full minimum wage they might be priced out of the labour market.

My comment:   of course,  if I were to be cynical,  I might say they should have thought of this before !  

read the full piece on my blog page


The Immigration Act 2016 (Commencement No.1) Regulations 2016 have been made bringing three of the Act’s employment provisions into force on 12 July 2016:

  • Sections 1 to 9, which require the Secretary of State to appoint a Director of Labour Market Enforcement to oversee compliance in the labour market, principally in relation to employment agencies, the National Minimum Wage and the Gangmasters (Licensing) Act 2004.
  • S.34, which will create a new offence of illegal working where a person works at a time when he or she reasonably believes that he or she is disqualified from doing so because of his or her immigration status. A person convicted of this offence will be subject to imprisonment for up to 51 weeks or a fine, or both and may be subject to a confiscation order of wages as the proceeds of crime.
  • S.35, which extends the existing criminal offence of knowingly employing an illegal worker to a situation where the employer has ‘reasonable cause’ to believe that the employee is disqualified from working because of his or her immigration status. The maximum term of imprisonment for conviction of offence on indictment will increase from two years to five years.

No date has been indicated as to when S.77 will come into force, i.e. requiring a public authority to ensure that each person who works in a customer-facing role speaks fluent English.

We knew this was coming in,  now we have a definite date. 


read full details on my blog page 

Daniel Barnett’s excellent summary of the impact of BREXIT on employment legislation.

The referendum vote on 23rd June was a vote of principle.  The result is not technically binding on the Government, although it is inconceivable that a ‘leave’ vote would be ignored.

If we vote to leave, the Government will have to negotiate a new trading relationship with what would now be a 27 member organisation, to allow British firms to sell goods and services to EU countries without being hit by excessive tariffs and other restrictions.  This process would undoubtedly take at least two years, so nothing will happen fast.    And the results of those negotiations would be crucial.  For example, we could follow the Norway model, giving us access to the single market but freeing us from certain EU rules on agriculture, fisheries, and home affairs.  Or we could follow the Swiss model, negotiating with countries on a country by country basis.  Or we can just rely on our membership of the World Trade Organisation.

See full details on this on blog page

Download of employee pay rates,  NMW, “living wage” and other benefit entitlements:

In you need further in depth help working out what exactly counts as minimum wage,  the DBIS has produced this 55 page guide,

Calculating the minimum wage”     

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