EMPLOYMENT LAW CHANGES – APRIL 2013
A number of changes have come into effect this month and the details are summarised below:
Statutory Rate Changes:
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Old Rate
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New Rate
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Effective from
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Statutory Maternity, Paternity, Additional Paternity, Adoption Pay and Maternity Allowance
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£135.45
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£136.78
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7th Apr 2013
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Statutory Sick Pay
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£85.85
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£86.70
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6th Apr 2013
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Earnings threshold for SSP, SMP, SPP and SAP 2013
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£107.00 |
£109.00 |
6th Apr 2013 |
Redundancy Collective Consultation Changes:
The minimum period of collective consultation required in a redundancy situation has been reduced when 100 or more are proposed to be redundant. The minimum period of consultation period depends upon the number of employees at one establishment proposed to be dismissed as redundant including redeployments (where there is no contractual mobility clause) and volunteers (providing they are volunteering for dismissal on grounds of redundancy).
Consultation timescales as set by legislation are as follows:
Number of employees at one establishment proposed to be dismissed as redundant.
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Minimum period of consultation before the first dismissal takes place.
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Less than 20
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None required by law. We recommend at least 14 days consultation be given on an individual basis
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20 or more within 90 days
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30 days
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100 or more within 90 days
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Consultation period is now reduced from at least 90 days before the first dismissal takes effect to at least 45 days.
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Notification to the Secretary of State
You have a legal obligation to notify the appropriate Secretary of State if you propose a redundancy exercise involving 20 or more employees. You must make a written submission and a special form, HR1 is provided by the government for this purpose. If you propose to make at least 20 but less than 100 people redundant during a 90 day period, you must submit the HR1 form 30 days before the first dismissal takes place. If your proposal involves 100 or more employees, then you must submit it 45 days (not 90 days as previously) before the first dismissal. If an employer fails to follow these notification procedures then the Secretary of State may take criminal proceedings that could lead to a fine of up to £5,000.
National Minimum Wage Rate Increase
As announced yesterday, the following changes will apply with effect from 1st October 2013:
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The rate for workers aged 21 and over will rise from £6.19 to £6.31 per hour;
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The rate for workers aged between 18 and 20 will rise from £4.98 to £5.03 per hour;
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The training rate will rise from £4.98 to £5.03 per hour;
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The rate for workers aged under 18 but above the compulsory school age (who are not apprentices) will rise from £3.68 to £3.72 per hour;
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The rate for apprentices will rise from £2.65 to £2.68 per hour; and
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The accommodation offset will rise from £4.82 to £4.91 per day.
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