CIPD UPDATE 12 December 2013
Session overview • Employment Law amendments 2013 and new laws 2014 and beyond. • Tribunal Judgments of Interest • Questions
Changes to Trainee Rates (Min Wage) • Introduction of 2nd year Trainee rate for those employees who are undergoing ‘approved’ training with an employer; Year 1 = £4.90 per hour Year 2 = £5.71 per hour.
New legislation expected in 2014 and beyond 2014: • Minimum Wage to increase to £6.63– April 2014 – approved by Ministerial Order – not necessary for States to approve, but there has been a call to ‘block’ any increase. • Minimum Wage trainee rates: to increase to: • Year 1 £4.97 • Year 2 £5.80
New legislation expected in 2014 and beyond 2014: • Discrimination Law – Race; (expected) 1 September 2014 • Sex Discrimination – White Paper for consultation due out imminently; • Additional Deputy Chairs shortly to be appointed in preparation for discrimination law.
Legislation expected beyond 2014 2015: • Family Friendly Law (stage 1); 2 weeks full pay + 6 weeks unpaid if < 15months service; 2 weeks full pay + 16 weeks unpaid if > 15 months service. To be lodged for debate in autumn, possibly in force by late 2015. • Sex Discrimination Regulations to be lodged for debate. No need for Privy Council approval so could be in force in parallel with Family Friendly in late 2015.
Further Legislation beyond 2014 2016? • Age Discrimination Regulations to be consulted upon in conjunction with changes to States pension age; • Business Transfers Law (TUPE) to be consulted upon – a major piece of legislation with far reaching consequences. 2017? • Disability Discrimination Regulations to be consulted upon
TRIBUNAL DECISIONS Available on: www.jerseylaw.je (Sign up and receive the updates)
Time to file JET1 Tribunal takes a tough stance on applications to extend UD claim period beyond 8 weeks. Previous key cases have been : Skrzat v Jersey Telecom Group Limited (1005-66/11) Wharton v Barclays Bank (1406-88/11) Still a cause for concern: Ennis v Larsen Interiors Ltd (2101-14/13) Sulek v Faulkner Fisheries (1101-09/13)
Representative at disciplinary hearing Hawkins v JSPCA (1102-23/13) Employee Handbook: …’ will be given the opportunity to have his or her say and be accompanied’. Miss Hawkins wanted to bring along her mother – this was denied to her and the Trustee who did attend effectively acted as Chair. Tribunal awarded 4 weeks pay as breach of contract
Post 65 years Claim • Haigh v HuelinRenouf(1303-38/13) …‘The Tribunal finds that the normal retirement age in this organisation for a man in the Applicant’s role was 65 years of age. We did have some concern as to whether the practice of the employer lived up to the principles stated in the handbook.’…
100% Reduction(s) • Williams v Dr G Cochrane & Others (0211-146/12) Unfair dismissal – but 100% reduction due to acknowledgement that employer had been more than fair on many occasions; • Rolland v Geomarine(1308-115/12) Unfair redundancy process, but would not have appealed anyway = 100% reduction.
Investigation Alert! • Olver v B&Q plc(0911-151/12) …’ investigation of the employee’s misconduct was fundamentally flawed’ & ...’not the actions of a reasonable employer’…