1 OCTOBER 2014 – EMPLOYMENT LAW CHANGES

We thought it would be helpful to summarise the changes to employment law that came into force on 1 October 2014.

National Minimum Wage

As always, the rates depend on the type and age of the worker (the pre 1 October rates are shown in brackets by way of comparison):-

  • Standard adult worker (workers aged 21 and over) – £6.50 per hour (£6.31)
  • Apprentices – £2.73 per hour (£2.68)
  • Development workers (workers aged 18-20) – £5.13 per hour (£5.03)
  • Young workers (those who are under the age of 18 but above compulsory school age and who are not working as apprentices) – £3.79 per hour (£3.72)

Ante-natal rights for fathers and partners

Employees and qualifying agency workers are now able to exercise their right to take (unpaid) time off work in order to attend up to two ante-natal appointments with the child’s mother.

Although there is no qualifying period of employment for employees, agency workers must have completed their 12 week qualifying period in order to exercise this right. In addition, appointment times are capped at 6.5 hours (per appointment).

The right is not solely restricted to the child’s father – husbands, partners and civil partners of pregnant women can also benefit.

Equal pay audits

The Equality Act 2010 (Equal Pay Audits) Regulations 2014 (“regulations”) came into force on 1 October 2014. In essence, it states that where an employer is found to be in breach of equal pay legislation, tribunals can order employers to carry out equal pay audits unless:

  • The disadvantages of an audit would outweigh its benefits.
  • The employer carried out an audit (meeting the requirements of the regulations) in the three years preceding the date of the tribunal’s judgment.
  • It is clear, without an audit, whether any action is required to avoid equal pay breaches from occurring or continuing.
  • The breach found by the tribunal gives no reason to think that there might be other breaches.

Businesses with less than 10 employees are exempt and the regulation only applies to equal pay claims brought on or after 1 October 2014.

Qualifying period for unfair dismissal removed for Reserve Forces

The statutory qualifying period for unfair dismissal (2 years) has been removed for dismissals connected with an employee’s membership of the Reserve Forces.

If you would like to discuss any issues raised in this article, please contact our employment law team on 0161 834 2623

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