At Howells Solicitors, we try our best to keep you up-to-date with any changes in the law, as well as any other legal factors you need to be aware of. Here, we provide an update on recent developments or those expected very soon.
The Legal Timeline
31st October 2019
Brexit – The UK is set to leave the EU. The government has stated there will be minimal change to UK legislation and existing employment rights will not be changed.
29th November 2019
Consultation on Parental Pay and Leave - On 19th July 2019, the government launched a consultation on family-related leave ad pay. The consultation is looking at maternity, paternity, adoption and shared parental leave rights.
The government is looking at the Icelandic model of parental leave and pay in which there are no separate concepts of “maternity” and “paternity” leave. Each parent has an equal entitlement of three month’s paid leave, with a further three months that can be split.
The consultation will end on this date.
6th April 2020
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 – This comes into force. Regulations amend the ERA 1996 to require a written statement on or before the first day of employment.
Employment Rights (Miscellaneous Amendments) Regulations 2019 – This extends the right to a written statement of terms to all workers not just employees. The measure also lowers the threshold required for a request to set up information and consultation arrangements from 10% to 2% of employees.
Agency Workers (Amendment) Regulations 2019 – This amends the 2010 regulation to remove the “Swedish Derogation”, which allows employers to pay contracted workers less than direct employees.
Statutory Rates 2019/2020
Statutory Sick Pay (SSP)
Right |
Max Period |
Payment |
SSP |
28 weeks |
£94.25* |
*Following four or more consecutive days of absence
Leave Entitlements
Right |
Max Period |
Payment |
Maternity Leave (SMP) |
52 weeks |
See below |
SMP (Higher rate) |
6 weeks |
90% of normal weekly earnings |
SMP (Basic rate) |
33 weeks |
£148.68 p/w |
Statutory Paternity Pay (SPP) |
1 or 2 weeks |
£148.68 p/w or 90% of normal weekly earnings, whichever is lower |
Statutory Adoption Pay (SAP) |
52 weeks |
See below |
SAP (Higher rate) |
6 weeks |
90% of normal weekly earnings |
SAP (Basic rate) |
33 weeks |
£148.68 p/w |
Shared Parental Pay |
39 weeks* |
£148.68 p/w or 90% of normal weekly earnings, whichever is lower |
Parental Leave** |
18 weeks |
Unpaid |
*is dependent on the leave which has been taken by their partner SMP/SAP.
**available to some working parents in addition to SMP, SPP, SAP, and SHPP leave can be taken up until a child’s 18th birthday.
Minimum Living Wage
Age |
From April 2018 |
From April 2019 |
25+ |
£7.83 |
£8.21 |
21-24 |
£7.38 |
£7.70 |
18-20 |
£5.90 |
£6.15 |
16-17 |
£4.20 |
£4.35 |
Apprentices |
£3.70 |
£3.90 |
Accommodation offset limit (maximum daily deduction from NMW) |
/ |
£7.55 |
Compensation Limits and Awards
|
Maximum Award |
Low earnings limit |
£118 |
Limit on a weeks' pay |
£525 |
Maximum basic award (Unfair Dismissal 'UD') |
£15,750 |
Compensatory Award (UD) |
£86,444* |
Additional award 26-52 weeks' pay (refusal to reengage) |
£27,300 |
Maximum redundancy payment |
£15,750 |
Refusal of the right to be accompanied |
£1,050 |
Breach of contract claims in a tribunal |
£25,000 |
Failure to provide written particulars |
£2,100 |
Breach of flexible working regulations |
£4,200 |
Failure to inform or consult in respect of a redundancy |
90 days' pay (gross) |
Failure to inform or consult in respect of a business transfer |
13 weeks' pay (gross) |
*£86,444 or 52 weeks’ pay (whichever is lower)
Have Questions About Any of the Above Changes?
Whether you’re an employer or an employee, if you have any questions about the above regulatory changes, please get in touch with our friendly and knowledgeable team of employment solicitors.