Careless comments about ex-employees

PEOPLE BUSINESS HR NEWSLETTER

Beware of careless comments about

ex-employees

Employers need to take care in making any comments or sending communications about an employee, whether they are currently employed or have left the organisation.

This was highlighted earlier this year when the High Court handed down judgement in the case of McKie v Swindon College. The case acts as a reminder to all employers to watch what their employees communicate about ex-employees, even outside of a formal reference.

Mr. McKie was a lecturer at Swindon College for many years and left with a glowing reference saying that he was ‘highly recommended’ and that the college was ‘sorry to be losing him.’

Sometime after leaving Swindon College he joined Bath University where part of his role was to oversee courses at various colleges, one of those being his former employer Swindon College. This meant he would be back on their premises in a different capacity.

A few weeks after Mr. McKie started the new job, the HR Director at Swindon College sent an email to Bath University in the most damaging terms saying that they could not allow Mr. McKie back onto their premises for reasons relating to staff relationship problems and that no formal action had been taken against him because he left their employment before action was instigated.

As a result of these comments, Mr. McKie was called to a meeting with his managers at Bath University and told he could not perform the duties required by the post if Swindon College would not allow him on the premises. For this reason he was dismissed from his job with Bath University.

The High Court found that the contents of the email were largely “fallacious and untrue” and its preparation “sloppy and slapdash.” Although it was not a reference, Swindon College were found liable for losses suffered by Mr. McKie.

Points to note

·         Give careful consideration to any communications entered into in relation to ex-employees, regardless of the purpose of that communication.

·         Think twice about passing even casual comment regarding a former employee where there is a prospect that this may have a detrimental effect on that person’s career prospects.

·         Do not make any negative comments about former employees without good grounds

·         Comments made should be fair, factual and balanced

Providing references

Responding to reference requests can be either straightforward or troublesome for employers. Organisations should balance the potential liability against a broader concern for providing accurate references in hopes that other employers will reciprocate.

Think about establishing your policy, designating certain employees to give references, and confine remarks to objective, truthful information. These steps may reduce the risk of both defamation and negligent reference claims, help good employees obtain new positions, and prevent bad employees from exposing the organisation to losses, legal liability and unnecessary costs.

Telephone or verbal references

Although requests for telephone or verbal references are frequently received, it is advisable to decline such requests other than in exceptional circumstances, since information given in this way may be misinterpreted. If, as an exception, a verbal reference is given, steps should be taken to verify the identity of the enquirer and notes should be kept of the conversation. The person giving the reference should not make any statements that he/she would not be willing to make in writing.

Content of a reference

You might like to think about what you would say in response to a request, for example, for an ex-employee who:

·         Was dismissed from their position for gross misconduct

·         Resigned whilst in the middle of disciplinary proceedings

·         Had a poor sickness absence record

·         Had a grievance brought against them by another employee

The risks of claims have led to many employers simply providing very basic references with name, dates of employment and position held. A less said the better approach may be the safest way in many other situations too.

If you would like advice about establishing a policy regarding references or need help with responding to reference requests we would be happy to discuss this with you.

Please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at

http://people-insight.blogspot.com/

Bribery Act Newsletter

PEOPLE BUSINESS HR NEWSLETTER

The Bribery Act comes into force – 1^st July 2011

The Bribery Act 2010 aims to promote anti-bribery practices amongst businesses and came into force on 1^st July 2011.

Organisations need to take steps to address the risks of bribery and demonstrate that they have put clear practical prevention policies in place to avoid prosecution.

Failing to prevent bribery

An employer commits an offence if a person “associated” with it bribes another person for that company’s benefit. Associated persons include all those performing a service for or on behalf of your company, not just employees.

Your organisation therefore needs to think about how to prevent bribes being made by contractors, consultants, agents, employees, partners, subsidiaries and any other persons performing services for your company.

Making out a defence

The government has published the final version of its guidance on procedures that organisations can put into place (see link below). The guidance sets out the following six principles employers should consider when seeking to prevent bribery taking place. They are not prescriptive but are intended to allow flexibility.

1          Proportionate procedures – your organisation’s procedures must be proportionate to the risks it faces and the nature, scale and complexity of your organisations’ activities. The guidance notes that small organisations are unlikely to need such extensive procedures as a large multi national organisation.

2          Top level commitment – top level management need to be committed to preventing bribery and foster a culture in which bribery is not acceptable.

3          Risk assessment – your organisation needs to assess the nature and extent of its exposure to risks of bribery on a periodic basis relevant to the size and structure of your organisation. Organisations will not be required to carry out the expensive exercise of putting together lengthy policies where the risk of bribery is very low.

4          Due diligence – this is about having a risk based approach to business relationships, taking into consideration who you deal with and who provides services for you.

5          Communication – your organisation needs to seek to ensure its prevention policies are embedded and understood through communication and training.

6          Monitoring and review – risks to your organisation may change over time therefore you are advised to carry out regular reviews and re-assessments.

Corporate hospitality

The guidance from the government addresses in more detail the issue of corporate hospitality and promotional expenditure (see link below).

The guidance expressly states “Bona fide hospitality and promotional, or other business expenditure which seeks to improve the image of a commercial organisation, better to present products and services, or establish cordial relations, it is recognised as an established part of doing business and it is not the intention of the Act to criminalise such behaviour”

Examples of what may or may not be considered acceptable are included in the guidance.

What steps can your organisation take to prevent bribery taking place?

The main message contained within the guidance is one of proportionality. It is advisable to look at where your risks are and how you respond.

Recommended steps to take:

·         Take a clear anti-bribery stance. A tone should be set throughout your organisation which communicates and enforces anti-bribery.

§  Assess where risks might lie. Compliance measures should be directed towards the operations that might be particularly exposed to bribery such as sales functions.

§  Management responsibility. Senior management should take responsibility for anti-bribery compliance within the business and ensure the tone is appropriate.

§  Have clear policies. Consider whether your business's existing policies (such as expenses) cover anti-bribery and corruption.

§  Spread awareness and record it. Anti-bribery policies and procedures should be communicated to all 'at risk' employees and third parties who conduct business on the organisation's behalf.

§  Due diligence should be conducted on all key employees and business partners who could be "at risk" including acquisition targets, pre and post engagement. Again this is one of proportionality as background checks and references may not be necessary if the risk is low.

§  Monitor and audit. Proportionate measures should be implemented that monitor and audit "at risk" functions, contracts and transactions.

§  Encourage reporting of misconduct. Consider whether your whistle-blowing and other reporting procedures are open and publicised to employees and relevant third parties. Employees should be certain that they do not face retaliation if they use these channels.

§  Consistent and robust disciplinary processes. Ensure that misconduct is dealt with consistently and proportionately and that employees are aware of the consequences of breaching the rules. Termination clauses in contracts should be reconsidered.

What can your organisation do to check whether “bribery” is taking place?

We would suggest some of the following practices:

·         Keep financial records and internal controls in place which evidence the business reasons for making payments to third parties

·         Keep a record of any charitable donations made by the company with details of which organisation the donation was made to, reasons for making the donation, when prior approval was sought and by whom

·         Check a proportion of expenses and ask employees about the purpose of dinners and lunches

·         Introduce a gift register where every item given or received over a certain amount is logged

·         Arrange for certain employees to be trained regarding the Bribery Act so individuals who are unsure can ask them for advice to ensure they do not fall foul of the law

·         Analyse annual spend with suppliers and assess what has been received over the year

·         Review on an annual basis client revenues and consider what marketing, hospitality or gifts have been offered and to which organisations to secure the sales.

Finally……whilst it may be clear what is and is not bribery at either end of the scale, there are still shades of grey in between. Inevitably the guidance does not make everything completely clear so we will have to wait and see how actively the Serious Fraud Office pursue prosecutions under the Act in the current climate, as well as what guidance is produced by the courts in case law.

http://www.justice.gov.uk/guidance/making-and-reviewing-the-law/bribery.htm

If you would like help with putting your own bribery act policy together we would be happy to discuss this with you. If you would simply like to purchase ours at £25 please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

HR Policies

Do you groan when you receive another new or updated policy & procedure from your HR department? You may question the value of having written policies or think that it’s just another piece of legislation imposed upon you as an employer. At least you just have to read them…….spare a thought for the person who has to write these riveting documents!

The attention given to this is probably at the bottom of a lengthy to do list however having no policy or a poorly drafted one may present problems.

Although most of the time you only need to refer to a policy when there is a problem to sort out, a sense of the company’s stance is needed so having clear guidance is critical.

Policies and procedures are helpful for many reasons, for example:

• They guide both managers and employees as to what is expected and can prevent misunderstandings

• Supervisors and managers are more likely to consistently apply policies that are clearly communicated in writing

• Carefully written policies should protect against legal claims

• Policies can be used to illustrate your commitment to a positive work environment and non-discriminatory employment practices

By way of light reading, here’s an example of what happened after a poorly thought through HR policy was issued. A chain of emails were sent over a number of weeks about Dress Down Fridays:

Week 1 – email 1

The company is adopting Fridays as dress down day. Employees are free to dress in the casual attire of their choice.

Week 3 – email 2

Spandex and leather miniskirts are not appropriate attire for dress down day. Neither are string vests or fancy dress.

Week 6 – email 3

A seminar on how to dress for Fridays will be held on Friday in the restaurant. A fashion show will follow. Attendance is compulsory.

Week 9 – email 4

A team have been appointed as Dress Down Task Force and produced a manual with guidelines for proper casual dress. A copy has been distributed to every employee.

Tip for today: Don’t introduce a new HR policy or procedure or revise an existing one without thinking through all the potential issues. Understand the potential upsides and downsides of the new/revised policy. Brainstorm how the policy will work in your organisation with a group of your managers.

You could always ask your HR Consultancy to do it for you! I’m off now to write another policy……….

Dress down article links:
http://www.nationalofficeweek.com/office-news-express/03/
http://www.bbc.co.uk/news/magazine-12418046

Additional Paternity Leave

Over the last decade, there has been a steady improvement in the rights of families at work. Paternity leave and pay were initially introduced in 2003 and are shortly set to undergo further transformation. What will be the impact of additional paternity leave on your company?
The new laws mean there is a significant extension to the current paternity leave provisions of up to 2 weeks, so you may be nervous about the impact on your business. You may be concerned about the administrative burden the new paternity rights could place on you and the practicalities of potentially losing both men and women from the workplace for extended periods. However, Ministers estimate that between 4% and 8% of those eligible for the new leave will take it, with only 1% of small businesses expected to be affected.
With a little careful planning, the benefits should soon be seen as more new fathers are able to balance work and family.
What should your business be doing now? Here are some suggestions:
• Review maternity/paternity and flexible work policies and procedures to ensure they take into account the changes from April 2011 onwards;
• Put systems in place to ensure the correct information about additional paternity leave and pay is captured – by using template notices and employee/mother declaration forms;

• Organise internal processes to ensure that entitlement to additional paternity leave/pay is included.

Consider whether your existing HR policies and procedures are adequate to deal with any requests for APL.
If this is not the case, think about areas of policy that would benefit from extension or clarification. For example, your company may need to produce specific APL forms, prepare for hand-overs in advance and consider how it will implement and organise a father’s entitlement to 10 ‘keeping in touch’ days.

Don’t forget that the new rights apply to partners including civil partners as well as adopters adopting within the UK (as long as they are entitled to statutory adoption leave).
If you would like to purchase a template Paternity policy or need any advice please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/
Current paternity leave entitlement is 2 weeks off in the 8 week period following the birth of a baby. The previous Government introduced Regulations, in force since April 2010, under which a father would be able to share a period of maternity leave with his spouse or partner. The Regulations affect parents of children due on or after 3 April 2011.

With the introduction of new laws, fathers of babies due on or after 3 April 2011 now have the right to take up to 6 months additional paternity leave (APL). This will only be if the mother has returned to work and not before the baby is 20 weeks old. If the leave is during the mother’s Statutory Maternity Pay period, the right to payment will also transfer to the father and so may in part be paid.

It’s not uncommon these days for the woman to be the higher earner in a relationship and we all know of a new mother who has returned to work earlier than she would have liked after the birth of a child because of financial concerns.

In essence, fathers will be allowed to share maternity leave with the mother anytime after 6 months, leaving the father to take what is left of the remaining 12 months maternity leave and pay.

Guidelines on Default Retirement Age (Part 2)

Following on from last week’s newsletter this is the second of three newsletters we will be sending you to bring you details of this impending change in law and guidelines on how your Company can manage these changes.

MANAGING PERFORMANCE AND RETIREMENT 

Stopping using retirement ages - Tips and Guidance

General principles

The removal of the default retirement age (DRA) is an opportunity for you to review your practices and processes for managing employees and their performance.  Good people management is the best way to adapt to the removal of the DRA. Talking to your employees and allowing them opportunities to communicate openly and regularly is essential.  Having regular conversations with all employees about your expectations of them, their performance and future plans are invaluable. These should not be limited to younger or older employees.

Managing performance and retirement for older workers

Two thirds of businesses already operate without a fixed retirement age. Research shows that older worker productivity does not usually decline, at least up to the age of 70, where these workers have received the same level of training as younger colleagues. Older workers also tend to have fewer accidents and take less short-term sick leave.

Older workers do not tend to block opportunities for younger workers. Evidence indicates that there was no positive effect on youth employment from measures which allowed older workers to retire early. Some employers believe that removing older workers to make way for younger workers can damage productivity with the loss of existing skills and experience. This can lead to increased staff turnover and increase the cost of recruiting and training new workers.

To help your business manage without a set retirement age, you should:

·         Plan ahead - use formal or informal performance discussions to talk about on-going work options, retirement options and further skills development. Ask all employees where they see themselves in a year or two to open up discussions about their options.

·         Encourage employees to initiate discussions with their manager at any time to discuss options for continuing to work or retiring. A good time to do this might be after they receive a pension scheme notification about their forthcoming pension entitlement.

·         Ensure all managers are trained in how to manage regular performance discussions to also give feedback, motivate and develop staff regardless of an employee's age. Reviewing the performance of just certain age groups, younger or older, could raise concerns about unlawful age discrimination.

·         Use discussions to manage under-performance, whatever the age of the employee. Difficulties might be remedied through training, a change of job role, workplace adaptation or a change in working pattern. If poor performance cannot be resolved, follow the normal 'fair dismissal' procedures that apply to employees of any age.

·         Review your business retirement procedures and communicate your policies clearly to managers and staff. Older workers should be aware that they can work longer but are not expected to work indefinitely.

·         Consider offering a flexible approach to retirement to help retain key skills for your business. A change in working patterns, reduction in hours or a different role may encourage your experienced older workers to stay at your company and perform more effectively. Remember, if flexible working is not open to all, then targeting it at older workers would need to be objectively justified. See the page in this guide on flexible working for older workers.

·         Think about directing older workers to sources of support which can help them prepare for the financial and personal changes they may face when they retire.

Exclusions from Age Discrimination - Insured benefits

The Government has stated that it will introduce an exception to the age discrimination rules so that employers can stop offering employees insured benefits, such as life assurance and private medical cover, beyond their normal retirement ages. Businesses had been concerned that the removal of the DRA could lead to substantial costs for providing insured benefits for the over 65s.

Some frequently asked questions about working without the DR A

Q          I have an employee who is not performing as well as I would wish, I was hoping to use the DRA to dismiss him when he reaches 65 but now cannot do this because the law has changed. What can I do?    

      

A          You may use one of the reasons for fair dismissal. However, a workplace discussion can help you better understand the employee’s intentions regarding their retirement. If they intend to retire then you can allow this to happen but remember an employee can change their mind. Where an employee is performing poorly and their performance cannot be improved, you have the option of dismissing them on the grounds of capability.

Q          Do I have to have a retirement discussion with my employees?

A          No, there is no requirement to talk to employees about their future plans but you may find it helpful to do so for your own organisational and succession planning purposes.

Q          If I discuss retirement with an older worker can I leave myself open to a claim of age discrimination?

A          Not if properly handled. Employers may reasonably want to know about an employee’s future aims and aspirations. The important thing is not to single out older workers. If you are going to ask older workers about their plans it is good practice to also ask other, younger workers, about their plans as well, perhaps as part of an annual appraisal meeting.

Q          What can I say to an older employee at a meeting to discuss their future plans?

A          It is best if you start any discussion in a general way. Perhaps asking the employee what their future plans are or how they see themselves developing in your organisation over the next year or so. Any direct questions such as “are you planning to retire in the near future” or “you seem to have been slowing down of late, have you thought about retirement” are best avoided. Once an employee has indicated that they do wish to retire there is no problem in talking to them about the date for their retirement and any adjustments they may wish to make to their working arrangements or hours in the lead up to retirement.

Q          Can I protect myself by getting an employee to sign a contractual agreement that they will retire at a certain date?

A          There is nothing to stop you from coming to a contractual agreement with an employee about their future retirement date but it is unlikely to have any legal force. Employees cannot sign away their employment rights except in certain circumstances where they are legally advised and sign a compromise agreement. Compromise agreements can only be made however, where an employee has a case they can bring to an employment tribunal e.g. for unfair dismissal, which is unlikely to be the case in these circumstances as the employee will still be in employment.

Q          What can I do if an employee had indicated that they will retire on a certain date but then do not do so?

A          If an employee has given formal notice to leave, you are under no obligation to let them withdraw their notice. However if an employee tells you during a discussion that they are planning on retiring, they may change their minds before formal notice is given. Where an employee decides not to retire and no notice has been given, the first thing to do is to discuss with the employee their reason for not retiring. This can help to establish whether there is any issue that you, as an employer, might be able to help them overcome thus allowing them to retire on the due date or shortly thereafter. Ultimately however, if they decide that they do not wish to retire, for whatever reason, then you cannot compulsorily retire them as this will leave you open to a complaint of unfair dismissal.

Q          What do I need to do in terms of changing contracts, handbooks and employment policies?

A          Employment contracts will require reviewing to ensure that they are complying with the new legislation.  In addition the legislation will impact on a number of employment policies for example; retirement, and health and safety and therefore you should review and update your policies and the relevant sections of your Company handbook.

Further Guidance:

ACAS have worked on a 20 page document with the Government to assist businesses with dismissals after 1 October 2011 this is available from their website www.acas.org.uk

Contact People Business if you would like to discuss our fixed price options to update your contracts, employment policies and Company handbooks or if you have any questions about the DRA. Please email us at lisa.bolton@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

Working without the Default Retirement Age

Longleat staff over 65 made to retire: should other employers be following on Longleat’s footsteps?

 Longleat Safari Park hit the headlines recently for all the wrong reasons as it was revealed that all staff aged over 65 at the popular tourist attraction had been made to retire. The retired employees included 18 workers over 70, seven over the age of 75 and two members of staff in their 80s.

A Longleat spokesman denied the move was anything to do with the law change. In light of the timing, this seems unlikely. 

This newsletter is the first of three we will be sending you over the next three weeks to bring you details of this impending change in law and guidelines on how your Company can manage these changes.

With effect from 1^st October 2011, the Government will be removing the ability for you as an employer to fairly dismiss your employees who have reached the age of 65. From this date dismissal for retirement will no longer be a fair reason for dismissal. The Government says that termination should be through either discussion or capability. Older employees can still voluntarily retire at a time of their choosing and draw any occupational pension they are entitled to in line with the scheme’s rules. Removing the DRA does not mean that employees will never be able to retire. It just means that employers cannot force employees to retire at a set age unless the age can be objectively justified.

MANAGING WITHOUT THE DEFAULT RETIREMENT AGE

The Default Retirement Age (DRA) will be phased out from 6 April 2011 and no valid notices of retirement can be issued after 30 March 2011 as this is the last date on which a full six months’ notice can be given.  Notices given before this date will only be valid if the retirement takes place before 1 October 2011.

You can still use the DRA between 30 March 2011 and 6 April 2011 but if you do so you must use the short notice provisions, under which an employee could claim compensation (subject to a maximum of eight weeks’ wages).

At the moment, provided that the employer goes through a proper process by giving at least six months but not more than 12 months’ notice of their intention to retire employees who have reached 65 and offer them the right to be considered for an extension and go through an appeal process if the employer says no, then there can be no claim for unfair dismissal or for age discrimination.  After the DRA disappears, if you continue to retire employees your Company will risk age discrimination and unfair dismissal claims.

So what happens now? Window of time for retiring older non performing workers!

What has happened at Longleat is no doubt precisely what the proposals to abolish the DRA were designed to avoid. A statement from Longleat said that it was undergoing a "modernisation programme" and that is was "inevitable that we require people with new diverse skills and experience from a variety of backgrounds." 

Whatever an employer’s reason for retiring older staff, you as an employer should be acting now if this is something you wish to do given the forthcoming changes in the law.

From the 6 April 2011 employers will be left with two choices:

·         to stop using retirement ages altogether;

·         or continue to use retirement ages, but only where there is – what the Government is now referring to as – an "employer justified retirement age" (EJRA).

An "employer justified retirement age" (EJRA)

Employers will not be able to defend any claims for age discrimination or unfair dismissal, unless they have an EJRA. An EJRA must be objectively justified by reference to a genuine business need (for instance workforce planning, the need for business to recruit, retain and provide promotion opportunities and effectively manage succession) or the health and safety of individual employees, their colleagues and the general public.  Employers may find it difficult to establish an EJRA.  To rely on an EJRA, employers will need to explain and provide evidence to support the reason for having a retirement age at all, as well as the age that is chosen, and will also have to tolerate the uncertainty of not knowing whether the EJRA can be justified until tested at Employment Tribunal. The prospect of being one of the first cases in which the courts will decide what can amount to an EJRA is unlikely to be appealing for most!

However if an EJRA is established, employers should also follow a fair procedure in retiring people at the compulsory retirement age. You should give the employee adequate notice of impending retirement and, if circumstances permit, consider any request by your employees to stay beyond the compulsory retirement age as an exception to the general policy – although it would be important in such circumstances to ensure consistency of treatment as between employees who might request to stay on.

Further Guidance:

Look out for our second newsletter next week which will focus on managing performance and retirement within the new legislation and talk you through some frequently asked questions (FAQ).

Contact People Business if you would like to discuss our fixed price options to update your contracts, employment policies and Company handbooks or if you have any questions about the DRA. Please email us at lisa.bolton@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

A SNAPSHOT OF THE EMPLOYMENT LAW TO COME IN 2011

2010 proved to be a very busy year for employment law, and with the prospect of an even busier 2011, we thought it would be helpful to give you a preview of what’s in store for this year.

Monthly Guide:

JANUARY

National minimum wage: travel expenses to temporary workplaces no longer count

• From 1 January 2011, expenses for travel to a temporary workplace can no longer form part of employees' pay for national minimum wage purposes.

FEBRUARY

Compensation Levels:

·         For dismissals and other events which occur on or after 1 February 2011 the limit on a week’s pay for the purpose of calculating statutory redundancy and the basic award rises from £380 to £400.

·         The maximum compensation that can be awarded by an Employment Tribunal rises to £68,400 from 1 February 2011.

APRIL

Transitional provisions for abolition of default retirement age

• From 6 April 2011, employers will be prohibited from issuing new notifications of retirement using the statutory retirement procedure and notifications issued before this date must relate only to employees whose retirement dates fall before 1 October 2011.

Extension of the right to request flexible working

• On 6 April 2011, the right to request flexible working will be extended to parents of children under 18 (it currently applies to parents of children aged under 17, or 18 if the child is disabled).

Equality Act 2010 - positive action in recruitment and promotion

• From 6 April 2011, the Equality Act 2010 will allow employers, in certain circumstances, to apply voluntary positive action to recruit or promote a person with a protected characteristic (who suffer as a disadvantage as a result,) in preference to another without the protected characteristic, provided that they are equally qualified for the post.

Right to request time off for training

• The right for employees to make a request in relation to study or training, which currently applies to employees in organisations with 250 or more employees, is due to be extended to all employees from 6 April 2011. It is still under consultation at the moment whether or not this will apply to organisations who employ less than 50 employees.

Additional paternity leave and pay available

• Additional paternity leave and pay allows fathers to benefit from up to 26 weeks' additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. The new right is available to parents of children with an expected week of childbirth beginning on or after 3 April 2011.

New corporate offence of failing to prevent bribery

• The Bribery Act 2010 will introduce a corporate offence of failing to prevent bribery by persons working on behalf of a business, which comes into force in April 2011.

Maternity, paternity and adoption pay

• The standard rates of statutory maternity, paternity and adoption pay will increase from £124.88 to £128.73 per week from 3 April 2011.

Statutory sick pay

• Statutory sick pay will also increase from £79.15 to £81.60 per week from 6 April 2011.

Tax Codes are changing

• With effect from 6 April 2011 higher rate tax payers paid more than £30,000 compensation for dismissal, either by reason of redundancy or otherwise, will have to pay tax at the higher rate.

• Employers will also have to withhold income tax at rates of up to 50% when making post-termination payments to employees. Under the new rules, employers will have to change the PAYE tax code they use from BR to 0T (zero allowances) when they make a payment to a former employee. This means that taxable termination payments should have tax deducted from them at the normal rates that apply to that employee (basic, higher or additional rate).
• Other changes relating to the PAYE tax code that should be used are also being made with effect from 6th April 2011 in relation to when an employee starts work without providing a form P45, employers will have to operate code 0T so that employees will pay tax at the basic, higher and additional rate as appropriate. 
  
  

OCTOBER

Default retirement age is completely abolished

• The default retirement age will be abolished completely after a six-month transitional period, and employers will be prohibited from retiring employees in reliance on the default retirement age on or after 1 October 2011. This means removing the ability for employers to fairly dismiss employees who have reached the age of 65. At the moment, provided that an employer goes through a proper process by giving at least six months but not more than 12 months’ notice of their intention to retire employees who have reached 65 and offer them the right to be considered for an extension and go through an appeal process if the employer says no, then there can be no claim for unfair dismissal or for age discrimination.

• With effect from 1 October 2011 dismissal for retirement will no longer be a fair reason for dismissal. The Government says that termination should be through either discussion or capability.

• This means that the last date to safely dismiss by reason of retirement is 30 March 2011.

• In our February newsletter we will provide you with guidelines on how to prepare for this.

New rules on equal treatment for agency workers

• The Agency Workers Regulations 2010 will entitle agency workers to equal treatment on basic employment conditions after 12 calendar weeks in a given job, including pay and holidays, from 1 October 2011.

National minimum wage may rise

• The national minimum wage may rise on 1 October 2011, subject to the prevailing economic conditions and the Low Pay Commission's recommendations to be delivered to the Government in February 2011.

A SUMMARY OF CONSULTATIONS STILL OPEN IN 2011

Withdrawal of legal aid for employment claims

• The Government is consulting on proposals to remove legal aid for most employment claims in England and Wales.
• Consideration is also been given to a possible increase in the one year qualifying period for unfair dismissal claims.

Reform of the PAYE system

• The Government is consulting on the reform of the PAYE system. It is introducing "real time information", a scheme that will enable HM Revenue and Customs to collect information about tax and other deductions each time an employer pays its employees.

Look out early February for our next newsletter where we will provide you with some urgent guidelines on how to prepare for the “Abolition of the Default Retirement Age.”

If you have any questions about this or any tips you would be happy to share, please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/