A summary of changes to pay, including pension contribution increase, NMW/NLW increases and payslip changes.

From 28 January 2019 it is going to be easier to check new (and existing) right to work status by using the Home Office's Right to Work Checking service:

 The Home Office's Right to Work Checking Service 

Under the Immigration, Asylum and Nationality Act 2006 employers are required to prevent illegal working, failure to do so and as an employer you could be ordered to pay a civil penalty of £20,000 per worker. 

However, a statutory excuse is possibly OK if you properly requested the original documentation and checked these details thoroughly prior to the commencement of employment - providing (of course) the paperwork indicated that the new employee has the legal right to work in the UK.

Up to the 28 January 2019, the only way to check these obligations was by checking the oringal documents.  However you will now be able to use the Home Office checker (link above).

Before using this service, ensure you have asked the employee for their consent to obtain this personal information.  And ensure you keep a copy of the online check report for a minimum of 2 years after the employment ends.  You can also use this service for existing employees to ensure they still have the right to work in the UK.

If you would like to use our Right To Work Checklist please do not hesitate to contact us.

Just want to take this opportunity to wish all our clients, both past present and future a happy new year.

2019 is going to be great!

April changes

We can confirm the following pay rate changes:

1 April, the hourly rate of the national living wage and national minimum wage increases for workers aged:

• 25 and over from £7.83 to £8.21

• 21-24 from £7.38 to £7.70

• 18- 20 from £5.90 to £6.15

• 16- 17 from £4.20 to £4.35


The apprenticeship rate increases to £3.90.

6 April, statutory sick pay (SSP) increases to £94.25 a week. 

7 April, the statutory rates for family-friendly leave increases to £148.68.    

Changes to Payslips

 On the 6 April 2019, employees and workers are to receive an itemised pay statement which sets out the hours they worked and where pay varies.

Employers you will need to check your payroll systems to ensure you are able to comply with these changes.  

The proposed rates for statutory sick pay (SSP), statutory maternity pay (SMP), statutory paternity pay (SPP), shared parental pay (ShPP) and statutory adoption pay (SA) have now been published.  They haven’t yet been approved in parliament, but it is unlikely to change.  To keep you ahead of the game, the proposed rates are:

·         From 6^th April 2019, SSP will increase from £92.05 per week to £94.25 per week

·         From 7^th April 2019, SMP, SPP, ShPP and SAP will all increase from £145.18 per week to £148.68 per week.  If the employee’s average weekly earnings is less than the statutory rate, their pay will be 90% of their average weekly earnings.

In order to qualify for statutory payments, the employee must reach the lower earnings limit. This is due to increase from £116.00 per week to £118.00 per week.

Check back here regularly – as soon as these amounts are confirmed, we will let you know!

So you discover your employee has allegedly commited theft against the Company?  And that employee is currently at the start of 2 weeks annual leave but you want to get this wrapped up quickly to spread the word that theft is not acceptable!

Do you invite the employee to the hearing whilst they are on holiday?  No!  Even if you know they are not going anywhere and are just sunbathing in their back garden?  Absolutely no!

Recently IKEA made a simple mistake by inviting an employee to an investigation and then disciplinary whilst the employee was on holiday.  Which cost the Company over £23,000 in compensation.

Due to the employee not being able to attend the investigation or disciplinary hearing (as they were on holiday) they were not able to put their side of the story across and then this wasn't taken into account when the decision was made.  He was dismissed over a 97p milkshake and ended up costing the Company £23,000.

It was also the culture for employees to take the a free drink, but this poor chap had been singled out and made an example of.

What to do in future?

1. Ensure the employee is not on holiday when arranging the disciplinary proceedings.
2. If an employee takes something, do not assume it was theft.  Check your culture first.
3. If you discover it is in the culture and you were not aware, then you need to address with every member of staff, either by staff bulletin or individual letters stating that it is not acceptable.

From April 2017 there is changes to the National Living Wage rates.

At the end of 2014 the Government proposed the new statutory payment rates for 2015/16.  These are still to be approved but are unlikely to change.  The new SSP rate will be applicable from 5 April 2015, whilst all other changes will come into effect from 6 April 2015.

Also the lower earnings limit for all rates will increase to £112 per week from £111.

National Minimum Wage from 1 October 2014.

• £6.50 for workers aged 21 and over
• £5.13 18 – aged 20 years
• £3.79 for employees aged 16-17, who are above school leaving age but under 18
• £2.73 for apprentices under 19 or 19 or over who are in the first year of apprenticeship.

Below you will find from the ACAS website the proposed changes to employment law this year and early next year.

If you require any further information on these changes please do contact us for clarity.

You may, or may not, have heard of the Enterprise and Regulatory Reform Act 2013 but what do we know about the aims of the Act?

According to the government website the aim of the Act is to cut the cost of doing business and to help create jobs in the private sector.  How does this Act affect you as a small to medium business owner?

In October 2013 the Act amended the Health and Safety at Work Act 1974.  Civil liability for breaches of Health and Safety duties.

What are the changes and what do they mean to you as an Employer?

Increases in SMP etc and SSP rates announced

It has just been announced that from 6 April 2014:-

• Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay will increase from £136.78 per week to £138.18; and

• Statutory Sick Pay will increase from £86.70 per week to £87.55

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

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Bonus payment letter

Added to the miscellaneous documents is a new template to use for any bonus payments you may wish to give to your staff.  It re-affirms that the bonus is discretionary and advises why the payment has been paid.

If you are paying a discretionary bonus you must ensure that you are applying that bonus fairly because you do not want to end up with any discrimination claims.  Applying the bonus can also relate to the bonus amount.  Ensure you have a scale that is clear, complies to your bonus scheme rules (if you have any) and is measurable so that you can explain your reasons if necessary.

What are the changes to Flexible Working due 6 April 2014?

The new Children and Families Bill, is expected to come into force on 6 April 2014.

In this, the right to request flexible working will be extended to all employees with 26 weeks' service, rather than being limited to parents of children aged under seventeen or if disabled, under eighteen or to “carers”.  Also, employers are still going to be able to refuse a request on business grounds but you will not be tied to the existing 8 reasons.

The employment tribunals are being shaken up by a new system of Early Conciliation, from April 2014.  This new system will allow employees to bring a claim only if they can demonstrate they have contacted ACAS first.

From all of us, here at JDS HR Limited, we would like to wish you a very merry Christmas and a happy New Year.

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Please have a look at our Misconduct Flow Chart to look what to do, when and how when you have a naughty employee!

Make sure your settlement agreement is appropriate to the employee to which it is intended!

*******NEW********  Step by step Guide to conducting a redundancy process.

We all have seen the adverts.... I'm in ..... for the pension enrollment schemes.  Below is the time table and a handy link from the DWP website that you may find helpful.

On 31^st July 2013, the new Ministry of Justice Reforms came into effect.  These fundamental changes are designed to: 1 – reduce the costs incurred during employers’, and public, liability claims; and 2 – speed up this type of civil claim generally.  With this in mind, all employers’ liability claims with a value up to £25,000 will now be managed through an online system called the “Claims Portal”.

According to Alltop.co.uk there are five top benefits that come from hiring contingent workers. 

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions.

Employees make your business the success that it is, therefore the recruitment selection process is one which should not be taken lightly.