FRIDAY HR FAQS – How long do I have to take someone to tribunal?

Hopefully this won’t ever happen, but if you do find yourself in a situation where you feel you have been unlawfully treated at work, you can make a discrimination claim at an employment tribunal and if this is the case there are time limits during which you need to make your claim.

The normal time limit for making your discrimination claim at an employment tribunal is 3 months less one day from the date when the discrimination happened. But before making your claim you should put a request in to ACAS, who will then offer you the chance to try and settle the dispute using early conciliation, which is a free service.  To avoid going to court, most people and employers choose to take part in the early conciliation process to settle their workplace dispute, the conciliator will talk through the issues with you or your representative and work with you and your employer to see if a resolution can be found.

If you choose to take advantage of the early conciliation process, don’t worry, the time limit for raising a claim is paused and extended for the duration of the early conciliation period.

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Situations where you may choose to make a claim maybe in situations of unfair dismissal, discrimination or contractual breaches such as unfair deductions from your pay. When the time limit starts, can in some instances be difficult to identify, but in any of these situations the time limit will generally start to run from when the decision was made, not when you were told about it.  If in a situation of discrimination, it takes place over a period of time, the time limit starts to run at the end of that period. If you’re dismissed, it’s much more straight forward and the time limit simply starts to run from the date your employment is terminated.

An employment tribunal will have the final say as to whether your claim was brought in time and will consider any links between incidents of discrimination, the evidence of an ongoing situation and whether there is a continuing relationship between you and your employer.

Although time limits for bringing a claim in the employment tribunal are quite strictly enforced, an employment tribunal does have discretion to extend the time limits where it thinks necessary to do so and fair to both you and your employer. In making this decision, an employment tribunal will consider the reasons for the delay, whether the delay affects the evidence and your actions once you knew you may be taking action.

If you do make a claim it is important that you try to get as much information about your legal rights as possible first.

If you would like further advice on making claims or if an employee has made a claim against your company, get in touch with HR Revolution:+44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk where our expert CIPD HR professionals are waiting to help you with any questions you may have.

HR Revolution; supporting you, your employees AND your business.

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FRIDAY FAQS – Can an employer ask about my mental health when applying for a new job?

Thanks to awareness days like Wednesday’s World Mental Health Day, the conversation surrounding mental health is getting louder. The stigma attached to talking about our mental health in the same way that we do for our physical health is being lifted and with that there is a growing acceptance that it’s okay not to be okay and to seek support.

The workplace is undeniably an environment that for many people can cause stress and anxiety. If you have a mental health issue then being in a pressured working environment, that may not be supportive of your mental health, can cause further damage to your health and overall well-being.

It’s therefore the role of employers to ensure they have fair practices in place with regards to their approach for identifying and supporting their teams with mental health issues, just as they do for physical health.

As an employee you should expect to be supported by your employer and provided with the necessary support for a mental health issue.

However, is it a concern for those seeking new employment that if they have an existing mental health issue, it may impact upon their likelihood of getting a job?

We want to help debunk some of these crucial questions and shed light on an area of HR that is vital for a happy and productive workplace.

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1. Can I be asked about my mental health issue when I apply for a job? 

In short, no. It’s unlawful for an employer to ask a candidate if they have a history mental health issues during the application process.

If you are asked about your mental health, you are not obliged to answer this, however, if you do choose to disclose this information it is recommended that you do so honestly.

Asking candidates health questions before a job offer is made is unlawful and can be reported to the Equality Advice and Support Service.

If you are asked about your mental health during the application process and then don’t receive an offer, you may want to challenge this as it can be classed as discrimination on the grounds of disability.

2. Are there situations when an employer can ask about my mental health before making a job offer?

There are a few situations when an employer may need to ask about your health before a job offer is made, these can include:

  • To find out if you can take an assessment for a job.
  • To find out if you need reasonable adjustments to the application process.
  • To find out whether you will be able to do the requirements of the job, whilst they also consider any reasonable adjustments that may need to be made.
  • To find out if applications are coming from a diverse group of people.
  • To establish if you have the particular disability required for the job.
  • To assess you for national security purposes.

For example, a lawful question about your health and whether this affects your ability to do the job would be; if you were applying for a job erecting scaffolding and the employer asked questions at the application stage regarding disability, health and whether the applicant has a fear of heights.

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3. What questions can I be asked about my mental health once I’ve been offered a job?

Once you receive a job offer then your new employer is lawfully able to ask you questions about your health.

If your new employer asks questions about your mental health and subsequently becomes concerned due to a mental health issue you may not be able to carry out your job, then it is the employer’s responsibility to seek further advice from your doctor or occupational health.

Should your new employer ask a question about your mental health and then withdraw the job offer without first consulting advice or conducting a further assessment or investigation, then this may be seen direct discrimination and therefore unlawful.

Mental Health is a really important HR issue in the workplace and If you need any help or advice on how to approach it, get in touch:+44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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Don’t forget about HR

When many of us think about companies that have made big HR mistakes, we’re quick to jump to the assumption that it’s all the fault of greedy bosses who are more interested in lining their own pockets than doing the right thing by their loyal employees.

Mistakes with administrative processes that result in employees receiving their wages far later than expected.

Employees forced to give up their holiday entitlement because of a last-minute crisis.

Disgruntled employees who are vocal about their negative experiences at work.

The list goes on and there’s no smoke without fire right?

Not always.

Employment legislation exists for a reason, and for the greater good. As an employer, you have a responsibility to make sure that you’re compliant and you’re implementing the best working practices to create an environment that’s fair and nurturing for your employees.

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However, mistakes can happen, and even the most dedicated and ethical employers can find themselves facing extremely difficult circumstances.

When your business is growing fast, and you have a million and one things to balance, you can take your eye off the ball. You can overlook important details. And you can find yourself facing circumstances that you never imagined, but which can put your entire business in jeopardy.

So at this stage, it is imperative what you do next and how you decide to put things right.

If you’re worried that there could be an HR nightmare on the horizon, then we can help. We can assess your current circumstances, and help you to create an action plan that gets things back on the right track as quickly as possible, with the least amount of fuss.

We’re not here to judge – we’re passionate about getting things right, and we understand the challenges that you’re facing. Get in touch: +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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FRIDAY HR FAQS – Can I make someone redundant on Maternity Leave?

There is a common misconception you can’t make someone on maternity leave redundant. While it is possible, you should always exercise caution as it is likely to be risky and should only be used as a last resort.

To begin you must ensure that the redundancy is lawful and genuine under these three qualifying reasons:

  • when the business closes down either temporarily or permanently;
  • when the business moves and the employee cannot get to the new place of work;
  • when fewer employees are required for existing work.

If the redundancy qualifies under any of the above, then you must make sure you follow the correct process.

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Under the Equality Act 2010, it is unlawful to disadvantage someone because of their pregnancy and maternity leave and they have protected employment rights regardless of their length of service. This essentially means that their pregnancy or maternity should have no effect on your decision to make the individual redundant and the full redundancy process should be followed. Just because you have managed without someone on maternity leave by distributing their work is also not a valid reason to make them redundant and likely to be classed as unfair dismissal. That said if there is a genuine reason for the redundancy decision that would have been exactly the same if they weren’t pregnant (i.e. their pregnancy or maternity has no bearing on your decision – and you can prove it) you can terminate their employment fairly, as long as you have followed the proper process and are able to prove their maternity or pregnancy has not disadvantaged them if they made a claim.

The redundancy process for these employees includes:

  • Ensuring employees on maternity leave are kept up to date with any Company announcements while they are off.
  • Consulting with employees on maternity leave who are at risk  – redundancy with failure to consult would be classed as unfair dismissal.
  • Selecting those employees for redundancy fairly.
  • Ensuring their notice period and any accrued holiday are paid.
  • Ensure that anyone on maternity has preference for any suitable alternative roles that maybe available.

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If there are multiple people to select from, there would need to be a very clear reason why someone on maternity leave was made redundant over an employee who wasn’t.

HR Revolution would highly recommend that you don’t pick someone on maternity leave or pregnant unless there is a very clear reason for doing this. If there are alternative available roles that are suitable then someone on maternity leave should get preference to minimise any risk of unfair dismissal.

It is also worth noting that if an employee is on maternity leave or pregnant and is made redundant after the 15th week before their due date, they will still be entitled to their full 39 weeks SMP.

Always seek advice before making someone who is pregnant or on maternity leave redundant, HR Revolution can guide you seamlessly through the process to ensure you do not put yourself at risk of an unfair dismissal claim!

Give us a call on: +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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Employment tribunal claims on the rise again

Alarmingly, employment tribunal claims are on the increase again, as highlighted in the recent article from CIPD.

Employment Tribunal statistics for 2018 highlight a significant resurgence in tribunal claims since associated fees were abolished in July of last year. The figures, which take a broad look at the number of claims across all jurisdictions throughout the UK over a financial year, highlight a 66% increase in single claims and a 78% in multiple. These unprecedented amounts have resulted in a significant backlog in the courts, with 54 new Judges having been announced to process the claims for 2019.

Since the payment of Employment Tribunal fees was made compulsory by the then Legal Secretary Chris Grayling in 2013, there have been numerous calls for their removal, with many questioning their fairness and legality. This was finally put to bed in July 2017, with the Supreme Court confirming that the fees were unlawful under both UK and EU law and should be abolished with immediate effect. The result has been a staggering increase in claims across the last three quarters of financial year 2017/18, reminding businesses to take care when considering “high-risk” dismissals.

The most recent statistics focus on the time period between January and March 2018. Compared to the same quarter from last year, claims for equal pay has seen a 262% increase, with failure to inform and consult during redundancy also seeing a rise of 243%. In addition, claims for unauthorised deduction from wages has risen by 189%. Overall, the total number of single claims made between January and March has reached in excess of 9,200, up 118% on the same period during 2017.

Businesses should therefore ensure they are taking all reasonable steps to ensure fair and open processes and policies throughout their working environment. With individuals no now longer financially deterred from bringing a claim, business owners could face considerable fines and associated courtroom costs if they do not properly safe-guard themselves against claims of unfair treatment. Individuals generally have three months in which to register a claim from the date of the act complained of or the effective date of termination.

If you need any HR advice or guidance in relation to tribunals please do get in contact:+44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk where our expert CIPD HR professionals are waiting to help you with any questions you may have.

A version of this article first appeared in CIPD.

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Don’t think you need HR – think again…

Growing a business from the ground up can be one of the most challenging but rewarding experiences in the world. From recruiting your very first employee, to really stepping things up a level and recruiting entire teams and departments, HR Revolution have helped business owners navigate it all.

When your business is in its infancy you can feel like getting HR help is not entirely necessary. You might see it as an added expense that you just don’t need, or a ‘nice-to-have’ that you’ll engage at some point in the future. In reality though, if you have got big ambitions for your business, whether that be in terms of income or impact – then working with an outsourced HR consultant in the beginning could be one of the wisest moves you ever make.

Prevention is always better than cure

It’s can be easy to take your eye off the ball with your HR practices, and let issues bubble away beneath the surface. For example, you might currently have no problems when it comes to absence management with the only four employees you currently have, so see no imminent reason to implement a policy.

What happens when your team grows and you start to hit bumps in the road? Having a clearly communicated absence policy and other policies and procedures from the outset is likely to save you from a whole load of HR headaches, and ensure that you’re growth-proofing your business.

However, if you think your business is too small to worry about HR, I urge you to think again and here are some important reasons why you should definitely be considering it…

 

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Business owners aren’t exempt from complying with legislation

There are certain legal requirements that don’t apply to smaller businesses, for example gender pay gap reporting, which has been hitting the headlines recently, only applies to businesses with 250 or more employees.

But don’t be fooled there are many, many pieces of employment legislation that you must comply with whether you have 1 or 1,000 employees. If you’re not compliant, you’re running the risk having legal action taken against you, regardless of how small you might be, or how recently you started hiring.

 

Great HR practices could save – and make – you money

You’re no doubt aware that HR problems can cost you money, and could also cost you your reputation as a business owner and employer. A little investment could go a long way towards saving you money in the future.

Also HR can help you generate more cash and more profits.  Whilst plenty of business owners turn to marketing to tick this box, it’s essential that HR plays a role in generating revenue too. The HR function can help to ensure that your employees are performing, your leaders inspiring, and that everyone is working effectively towards a common goal – to grow the business.

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Getting some professional outsourced HR help might be more affordable than you think.  Many consultancies offer a range of packages for small business owners who recognise the importance of HR, but aren’t in the position just yet to embark on long term and costly commitments.

Why not give HR Revolution a call and see how we could help: +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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How to manage maternity leave in a small business

When an employee announces their pregnancy, of course you’re all smiles, you congratulate them, you’re happy for them.

However, you’re now faced with issues surrounding maternity leave and businesses are expected to take this in their stride. The truth is, things are never that simple, especially for small businesses, maternity leave is a predominantly concerning challenge.

You risk losing a key employee for a significant amount of time. You can’t just replace them, because they’ll need to come back once they’ve comfortably settled into motherhood. You may need to pay them for not working for you, whilst paying someone else to do their job.

You might need to recruit someone new, invest in training and hope that they keep things on track. You need to keep everything running smoothly.

Something we would most definitely advise is to be supportive, having a flexible approach to employment can help ensure that talented, experienced and productive employees remain with your business after the birth of their child.

You’ve heard the term fail to plan etc, well it really does apply with maternity leave.

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The key to managing a positive maternity experience is effective planning and good communication throughout.  Things don’t always go to plan, of course things can change after the child is born; so start planning as soon as your employee tells you she is pregnant. Make sure all important information about their role is written down and ask them to help write a clear job description when looking for replacements.

Here are some essential facts to get you started and make sure that you are not breaking any employment laws:

Pregnant employees have four main legal rights:

  • Maternity leave
  • Maternity pay or maternity allowance
  • Paid time off for antenatal care
  • Protection against unfair treatment, discrimination or dismissal

Other maternity rights

Notice of pregnancy

Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due. If this isn’t possible (for example, they didn’t know they were pregnant) the employer must be told as soon as possible. Employees must also tell the employer when they want to start their Statutory Maternity Leave and Statutory Maternity Pay.

Maternity Leave

Eligible employees can take up to 52 weeks’ statutory maternity leave (26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave). They don’t have to take the full 52 weeks’ but they must take 2 weeks leave after the baby is born (4 weeks if the work in a factory). This can begin, but not before, 11 weeks before the expected week of birth.

Pregnancy-related illnesses

Maternity leave and Statutory Maternity Pay will start automatically if the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due, and this supersedes what has been previously agreed.

Maternity Pay

Eligible employees can claim up to 39 weeks of statutory maternity pay (90% of their average weekly earnings before tax for the first six weeks, then 33 weeks at £138.18 per week or 90% of their average weekly earnings, whichever is lower).

employment law changes

Some employers may offer more generous leave and pay conditions and this should be included in the employees contract terms or Employee Handbook. Employers pay SMP to the employee, and businesses whose total annual National Insurance contributions are less than £45,000 can claim all of it back plus 3%. This is deducted from tax payable to HM Revenue & Customs.

Whilst on leave

Staying in touch is extremely important and there are 10 statutory KIT (keeping in touch) days available, which are a great way to make an employee still feels part of your business.  They are paid for coming in, without it affecting their SMP and can be used for training, actual work or even business social events and are a great way of easing their journey back to work. These days however, are not mandatory and an employee should not be made to feel that they must use them.

Return to work advice

A phased return to work at the end of maternity leave is probably a very good idea, as the reality is there will have been significant changes for them in their new role as a parent and probably your business since they’ve been away.

There are lots of other things to think about with the maternity process and we have only covered a few basics for you; there are health and safety issues to think about, as well as eligibility for SMP (Statutory Maternity Pay) and what documents you need to send and receive to name a few.

There are so many aspects of employment rights in respect of maternity leave and pay, flexible working requests, holiday entitlement, pension contributions, whether the employee keeps the mobile phone or company car, keeping in touch days etc, it is definitely worth considering professional help to make sure you have everything covered and compliant and HR Revolution can help you do just that.

If you would like to discuss further or get any advice please do get in touch: call +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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Is your HR planning on track?

You might have blinked and missed the first quarter of 2018 and while it may seem like five minutes have passed since you mapped out your big goals at the end of last year, it’s actually a good time to stop, take stock and refocus.

Ask yourself honestly, have you successfully met your HR obligations during the first quarter, or are you lagging behind? Of course it’s undeniable that other things can get in the way, but if you want to be compliant and you want your business to thrive, then it’s absolutely vital that you take time to get your people practices right.

Need some pointers around where to get started? Here’s our checklist for assessing whether your HR planning is on track.

1. Have you made provisions for new legislation?

It can be hard to keep up with changes in employment law, but it’s absolutely non-negotiable. Neglect this area and your business could seriously pay the price, you must regularly be pinpointing relevant changes, and making adjustments to your policies and practices accordingly.

2. Is your paperwork in order?

Having a paper trail of key HR decisions might seem like a dull admin task, but if you don’t put some time into creating and filing the right documents, then you may live to regret it. If you run into any problems, your paperwork could make a huge difference to how you rectify the situation.

3. Have employees had performance discussions?

If you only discuss performance with your employees once a year, then you’re seriously missing out on many opportunities. Encouraging your team to thrive should be part of day-to-day processes, but at the very least, formal conversations should be carried out and recorded once a quarter.  Take a look at our effective performance review documents ready to use for your own business.

4. Have you planned the summer holiday schedule?

The second quarter tends to be the time when employees start to think about booking their summer leave. The weather’s getting warmer, and everyone wants to enjoy a little downtime. Make sure that you update any policies that you might have if necessary and consider operational demands in advance.

5. Have you identified training needs?

Some of your employees may need to brush up on their knowledge and skills to keep moving towards your goals. Work out where the gaps are and create your plan so you know exactly what you’re going to do about it. The options are plentiful, and include formal training, coaching, mentoring, job shadowing, and more.

6. Have your managers been brought up to speed with your priorities?

It’s pointless setting wider strategic goals if you aren’t going to make sure that the right people are on board and know how their work plays a part. The end of the quarter is a good time to bring your management team together for a catch-up and refresh.

7. Have you collected feedback from your employees?

Identifying potential issues before they get out of hand could save you headaches later in the year. An employee survey could be a great option here. Just make sure that you act on your findings!

8. Have you arranged a discussion with your payroll provider?

The end of the quarter coincides with the end of the financial year, so if you outsource your payroll, it makes sense to have a chat with your provider so you can ensure that you’re both on the same page. There may be loose ends that need to be tied up, and it’s always best to action these matters in a timely fashion.

9. Have you commissioned an HR audit?

It can sometimes be hard to take a critical look at your own operations. You might feel inclined to brush tricky issues under the carpet, especially if you’re not quite sure how to tackle them, so why not let HR Revolution carry out an HR audit – it is an ideal way to assess the set up and compliance of your HR function.

After reading through the checklist, you might have realised that you missed the mark at least once or twice when it comes to keeping your people practices in order.  When you are running a business, you’ve got a lot of plates you need to keep spinning; between acquiring new customers and clients, managing the finances, and everything else that needs your attention, HR can sometimes get put on the backburner.

However, HR isn’t just another task to add to your to-do list, it can have a real and very tangible impact on your bottom line and at the most basic level, it can ensure that you don’t face costly damaging legal cases against your business. Embrace it, as its full potential could increase your profits, create a much happier and more productive workforce, and help you to smash through your strategic goals.

So isn’t it time that you started giving your HR practices the dedication that they really deserve? If you know that you need to make the change, but you’re not sure what to do first, then get in touch with HR Revolution, we can help you to establish a plan of action that will get your business to where you want and need it to be.

Get in touch: +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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What is an employment status?

When you employ someone you need to assign them with an employment status. An employment status defines the rights and responsibilities that an employee has at work and therefore determines what is required from the employer; employee’s will have different rights depending on their employment status.

There are three main types of employment status that a person will fall into, they are:

  • Employee
  • Worker
  • Self-employed

Employee

There is often confusion surrounding the differences between an employee and a worker. It is important to remember that all employees are workers, but employees have extra employment rights that don’t apply to workers who aren’t employees. Employers should be aware of the employment status of the people working for them as they are liable for the majority of employment rights for their employees.

An employee is a person who works under the conditions of a contract of employment. The contract will include, but is not limited to, terms of payment, annual leave and working hours. For a contract to be binding, the terms should be put in writing and presented to the employee within two months of them starting work. A contract can be formed of a mixture of verbal and written terms but it is best practice to put it all in writing.

Employees are entitled to the same rights as workers plus:

  • Statutory sick pay
  • The National Minimum Wage
  • The right to request flexible working hours
  • Holiday pay
  • Statutory maternity, paternity, adoption and shared parental leave and pay
  • Statutory redundancy pay
  • Minimum notice periods if their employment is being terminated
  • The right to not be discriminated against

Worker

A worker is a person who undertakes work personally as part of a contract or not. They generally have to carry out the work themselves but do have a limited right to sub-contract the work to someone else.

Typically these workers include casual workers, zero hour contract workers, agency workers, freelancers and seasonal workers.

The rights that workers are entitled to include:

  • Receiving the National Minimum Wage
  • Statutory minimum holiday pay
  • To not work in excess of 48 hours a week on average, or have the option to opt out of this right if they choose to do so
  • To not be treated less favourably if they work part-time
  • Protection against unlawful discrimination
  • The statutory minimum length of rest breaks

Self-employed

A self employed person does not have the same employment rights as a worker or employee. They will run their own business and typically will be contracted to service a client. However an individual can be both an employee and self-employed at the same time. For example they could work for an employer during the day and work for their own business in the evenings.

Someone who is self-employed is their own boss. It’s because of this that in most cases they aren’t covered by employment law. However, a self-employed person is entitled to:

  • Protection for their own health and safety
  • Protection against discrimination (in some cases)
  • Their rights and responsibilities set out in their contract with their client

In general the self-employed are not entitled to receive holiday pay.

It is important for employers to know and understand the employment statuses and their rights and responsibilities of their employees, with the rise in the gig economy, companies are being caught out by not knowing the basics.

If you need any further help or guidance for your business in regards to employment status rights and responsibilites, HR Revolution are here to help, please get in touch: +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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A version of this article first appeared on breatheHR

National Living Wage/National Minimum Wage increases: what you need to be aware of

On Sunday 1st April 2018 the National Living Wage (NLW) and the National Minimum Wage (NMW) rates will be going up.

The NMW will rise as follows:

NMW 2018 - HR Revolution - outsourced HRThe NLW will mean all staff over 25 must be paid at least £7.20 per hour.

Please note that the rate change for the first pay period begins on or after 1 April.  So if this is in the middle of a pay period, the rates do not change until the beginning of the next pay period, for some people say paid quarterly, it can be some time before the rate has to be paid if 1 April is in the middle of a pay period.

A new rate will apply to the next pay reference period that begins on or after the date:

  • a rate increase begins
  • an employee reaches a new age bracket

It is worth noting that the NLW target of £9 by 2020 will have a major impact on your wage bill, changing your pay structures and raise all sorts of HR and payroll issues.

The HMRC has been very clear that employers are more likely to be at risk of getting it wrong for workers paid at or slightly above minimum wage rates; other common minimum wages errors to be aware of are:

  • Unpaid working time – not paying all the hours worked by employees e.g. time spent travelling between work assignments or during training.
  • Deductions from a worker’s pay, or payments by workers to their employer for items or expenses that are connected with their job such as uniforms.
  • Failing to apply the correct rate of pay for apprentices in their second year.
  • If under 19 or in the first year of apprenticeship (refer to age bands). The apprenticeship rate does not apply to Higher Level Apprenticeships.

It is very important that employers understand the new rules so that employees receive at least the minimum pay they are legally entitled to. The HMRC will be stepping up enforcement and failure to pay the correct amount could result in financial penalties of 200% of the pay owed, the risk of publicly named and even the possibility of a criminal prosecution.

Food for thought indeed, and with these increases taking effect soon it is a great time for companies to ensure their policies, procedures and payments systems are updated in line with increased rates and budgets are adapted accordingly.

If you would like any practical advice or guidance please get in touch and see how we can help: call +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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