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Insights

Employment Law Update October 2015

October saw several legal developments that employers should be aware of including:

New National Minimum Wage

  • £6.70 for workers aged 21 and over.
  • £5.30 for workers aged between 18 and 20.
  • £3.87 for workers under 18 but above the compulsory school age who are not apprentices.
  • £3.30 for apprentices.

This is not to be confused with the National Living Wage (NLW) which was announced in the July budget. The NLW is due to come into force next April for workers aged 25 and over and will set a minimum rate of £7.20 an hour.

Right to wear Turbans in the Workplace

From 1 October 2015 Sikhs will have the right to wear a turban rather than a safety helmet in almost all workplaces across Britain without the threat of disciplinary action. Until now, the exemption has only applied to construction sites.

Tribunal power to make Recommendations in Discrimination claims

Following a successful claim for discrimination, the Equality Act allowed a Tribunal to make recommendations to reduce the adverse effects of discrimination not only on the individual claimant, but also to reduce the effects of discrimination for the wider workforce. This could include for example a recommendation that the employer introduce an equal opportunities policy or retrains staff. In practice Tribunals rarely used this discretion and from 1 October, the Tribunal will only be able to make recommendations for the benefit of the individual claimant.

Looking further into the future, changes on the horizon include the long awaited Court of Appeal decision in Lock v British Gas Trading Ltd to confirm whether sales commission payments should be included in holiday pay calculations. The employer’s appeal is due to be heard in December. Additionally, looking further ahead was George Osbourne’s recent announcement that shared parental leave and pay will be extended to working grandparents. This is in response to evidence which suggests that up to 2 million grandparents have given up work or reduced their hours to assist with childcare and the government intends to bring this into force by 2018.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.