Zero Hour Contracts, Holiday Pay, Caste Discrimination and Gender Pay Reporting

Employment Help for the Very Busy

Summer Edition 2015

Welcome to my post-election Summer Newsletter. If you find this information helpful, please feel free to pass on to others.

Zero Hour Contracts (26th May 2015)
Exclusivity clauses in zero-hours contracts are now unenforceable. This means that it is no longer possible for a zero-hours contract to prevent an employee or worker from working for someone else.

Kay’s comment: The Government has promised further guidance to help deter employers who might try to circumvent the exclusivity clause ban.

National Minimum Wage (26th May 2015)
Employers who pay their employees less than the National Minimum Wage can be fined up to £20,000 per worker.

Holiday Pay Calculations (1st July 2015)

A worker’s pay which normally includes commission, or a benefit that is intrinsically linked to their performance, or includes regular overtime, even if that overtime is not guaranteed, should be taken into account when calculating holiday pay.

Kay’s comment: From 1 July 2015, claims for back pay for incorrectly calculated holiday pay are limited to two years under the Deduction from Wages (Limitation) Regulations 2014.

Caste Discrimination (Summer 2015)

Although caste discrimination is still not expressly prohibited under UK equality legislation, recent tribunal cases have established that caste can be an aspect of race and therefore a protected characteristic.

Kay’s comment: Regardless of whether a specific legal change is made, if employers are faced with a grievance involving caste discrimination they should address it as if it was a race discrimination issue.

Gender Pay Reporting (Spring 2016)

There is a strong likelihood that private and voluntary sector organisations will have to report on gender pay gaps within their business next year, but only if they employ 250 or more employees.

Kay’s comment: I recommend smaller employers carry out periodic reviews of their pay levels and adjust them if any anomalies are discovered, to avoid discrimination claims. For further information please read my LinkedIn Pulse article – Why is there still a Gender Pay Gap?


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Please Note: The information contained in this e-newsletter is provided for your general use only.  It should not be treated as a substitute for obtaining professional employment advice on specific issues.

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