Employment Status and Workplace Rights
Explore the implications of employment status, workplace rights, and the Good Work Plan, including topics like holidays, discrimination, and how employment status is determined. Gain insights into self-workers, employees, common misconceptions, and the impact on various rights and protections in the labor market.
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Presentation Transcript
Gillian Gillian McAteer McAteer. . Good Work Plan Update Head of Employment Law
Good Work Plan Good Work Plan. . Largest upgrade to workplace rights in a generation Phased roll out of measures designed to ensure: Access to fair and decent work Greater clarity on the nature of working relationships Fair and fit for purpose enforcement system
Employment status Employment status. . Good Work Plan Status Uber IR35 Holidays
The UKs flexible The UK s flexible labour labour market market. . Casual Consultants Contractor Zero Hours Bank Staff Self-Employed Sub- Freelancers Contractor
Which category applies Which category applies? ? Self- Worker Employee Employed A worker is someone who undertakes work personally, not under a contract of employment, for an end user who is not a client or customer.
Common misconceptions Common misconceptions You can choose your employment status If you are s/e for tax purposes, you are s/e for employed for employment rights purposes Your employment status is what it says in your contract If the individual agrees to it, employment status will not be an issue
Holidays National Minimum Wage Discrimination Impact on Impact on rights rights. . Unlawful Deductions Working Time/Pensions auto enrolment Whistleblowing Part-time protection Unfair dismissal/ Flexible working/ minimum notice Redundancy pay/Time off for emergencies
How is How is employment employment status status determined determined? ? Personal Service Obligation to do work Profit Control Uniform/ Tools Integration Risk Modern approach is the Modern approach is the multifactorial test multifactorial test weigh up all all the factors the factors weigh up
Changes implemented Changes implemented. . 6 April 2019 6 April 2019 Name and Shame Aggravated Breaches Payslips Quarterly list published of employers who do not pay tribunal awards Payslips must be given to all workers as well as employees Penalty for aggravated breach of employment rights increased from 5000 to 20,000 If paid by reference to the time worked, the number of hours paid for must be included
Changes April 2020 Changes April 2020. . Changes to the information employers are legally required to give Changes to the information employers are legally required to give WHO Employees and Workers Day 1, rather than within 2 months WHEN Additional information on terms of engagement and benefits WHAT
Changes to documents Changes to documents. . 6 April 2020 6 April 2020 Additional information required Additional information required The days of the week the employee is expected to work Whether the days or hours are variable and, if so, how it will vary or how the variation will be determined (currently just normal working hours ) All benefits and paid leave provided by the employer (currently just pay, holidays and sick pay) Any probationary period, including its duration and conditions for passing Details of training entitlement provided, highlighting any part of which the employee must complete and any mandatory training which employer will not fund
Changes to holiday pay Changes to holiday pay. . 6 April 2020 6 April 2020 Calculation of Holiday Pay for variable hours workers Calculation of Holiday Pay for variable hours workers CHANGES TO 52 WEEKS 12 WEEKS
Changes for agency workers Changes for agency workers. . 6 April 2020 6 April 2020 Abolition of 'Swedish Derogation' Introduction of a Key Facts Page
Changes to break in service Changes to break in service. . April 2020 (proposed) April 2020 (proposed) CHANGES TO 1 WEEK 4 WEEKS
Changes on the horizon Changes on the horizon. . Proposed changes with no implementation date set Proposed changes with no implementation date set Right to request stable working pattern/ unfair flexible working practices Establishment of a new employment rights enforcement agency Clarity on employment status
Health is everyones business Health is everyone s business. . Consultation on proposals to reduce ill-health related job losses Rights for employees not meeting the test of disabled to request workplace modification Rebating SSP to SMEs in return for good practices Review of SSP Automatic reporting of sickness absence by employers to Government through payroll Co-funding Occupational Health Services for SMEs Guidance - employers to demonstrate they have taken early, sustained and proportionate action to support return to work Continue during phased return Eligibility widened Stronger enforcement
Questions Questions? ?
