2019 is set to be an interesting year, not least with Brexit day (29 March 2019) fast approaching (or not)
Despite the uncertainty that Brexit has created, HR professionals and business owners still have to ensure they are up to date with what’s in store in employment law that we do know will happen. To help make your life easier, we’ve created a handy timeline of the key dates you need to know, and the changes that may affect your organisation.
1. 1 March 2019: Consultation on National Minimum Wage
On 17 December 2018 the Government started a consultation on proposed changes to the National Minimum Wage (‘NMW’) Regulations for salaried workers and staff on salary-sacrifice schemes.
The consultation will explore how effective these rules are in preventing worker exploitation and seeks views on proposed amendments to the NMW regulations. It will also explore the impact of salary-sacrifice schemes on minimum wage workers.
If this is likely to impact your business and you would like to make a submission, the deadline for doing so is 1 March 2019, and you can click here for a link to the consultation.
2. 29 March 2019: Brexit day (at the time of writing!)
Currently, 29 March marks the end of free movement of workers, although in practice there is likely to be a transition period until 31 December 2020. During the transition period EU migrants already in the UK on 29 March will continue to be able to work in the UK under the same terms as they do at present. Employers will not be required to undertake any different right to work checks to what they do currently.
The Government is in the process of rolling out an EU Settlement Scheme, which will be fully up and running by 29 March. EU workers already in the UK on this date will need to apply for “settled status” under the Scheme, which will allow them to continue to live and work in the UK indefinitely.
The position for EU nationals arriving to work in the UK after 29 March is currently uncertain. However, latest government guidance states that employers can continue to check the same right to work documents for these EU nationals as they do currently for existing EU nationals already in the UK. (We will update you once there is further clarity from the Government on this).
The Government will be introducing a new immigration regime after the end of the transition period, when free movement will end for all new EU arrivals. At this point EU workers will be subject to the same immigration restrictions as those from outside the EU, subject to anything which is agreed with the EU during trade negotiations.
If you have not done so already, the impact of the change in free movement will need to be considered with recruitment and retention policies reviewed to ensure that you have the staff you need to operate well into the future. If you need help working out the best approach to protect your business, get in touch and we can provide strategic guidance on your options.
5. 6 April 2019: Payslips for workers
From 6 April 2019, the right to receive itemised payslips will extend to all workers, not just employees. Where a member of staff’s pay varies according to time worked, the employer will have to include on the payslip the total hours worked for which the variable pay is received.
6. 6 and 7 April 2019: Increased statutory family and sick pay rates
The weekly amount for statutory family pay rates is due to increase to £148.68 on 7 April. This rate will apply to maternity pay, adoption pay, paternity pay, shared parental pay and maternity allowance. Meanwhile, the weekly rate for statutory sick pay is expected to increase to £94.25 on 6 April.
7. A date in 2019: Flexible working changes
A task force has been established by the Government to review flexible working rules and regulations. Action plans will be drawn up in order to increase flexible working opportunities and they will also evaluate how effective the existing Right to Request Flexible Working Regulations are in 2019.
A timely reminder: 31 March 2019: (Public Sector) / 5 April 2019 (Private & Voluntary Sector) – Gender pay gap reporting
Employers with 250 or more staff must report on their percentage gender pay gap on an annual basis. Businesses should publish their reports on the gov.uk website as well as their own. In the private sector reports must also be accompanied by a written statement from a senior employee which confirms the accuracy of the statistics. `While this is not obligatory, from a PR perspective, it is worth preparing a short statement/explanation as to why the gap has decreased or increased.
If any of these changes affect you, but you don’t know what you need to do next – get in touch. We’ll be able to advise you how your business is impacted, and what changes you need to make to ensure you’re meeting your obligations to your staff.