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	<title>Law and Labour &#187; Government</title>
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	<link>http://lawandlabour.com</link>
	<description>Employment law issues</description>
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		<title>Coronavirus job retention scheme announced</title>
		<link>http://lawandlabour.com/coronavirus-job-retention-scheme/</link>
		<comments>http://lawandlabour.com/coronavirus-job-retention-scheme/#comments</comments>
		<pubDate>Sun, 22 Mar 2020 12:27:04 +0000</pubDate>
		<dc:creator><![CDATA[Law and Labour]]></dc:creator>
				<category><![CDATA[Digital business]]></category>
		<category><![CDATA[Energy and Utilities]]></category>
		<category><![CDATA[Financial services]]></category>
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		<category><![CDATA[Hospitality]]></category>
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		<category><![CDATA[Public sector]]></category>
		<category><![CDATA[Retail]]></category>
		<category><![CDATA[Transport]]></category>
		<category><![CDATA[Coronavirus]]></category>
		<category><![CDATA[Employment contracts]]></category>
		<category><![CDATA[Furloughed worker]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[HMRC]]></category>
		<category><![CDATA[Lay-offs]]></category>
		<category><![CDATA[Redundancy]]></category>

		<guid isPermaLink="false">http://lawandlabour.com/?p=2693</guid>
		<description><![CDATA[<p>Under the Coronavirus Job Retention Scheme, all UK employers will be able to access financial support to continue paying part of their employees’ salaries for those employees who would otherwise have been laid off or made redundant during the coronavirus pandemic. The Government intends that the scheme will run for at least 3 months from 1 March 2020, but it may be extended if necessary.</p>
<p>HMRC will reimburse 80% of furloughed workers wage costs, up to a cap of £2,500 per month. This is broadly median national salary. Employers can choose to fund the difference between this amount and an employee’s full salary, but there is no need to do so.</p>
<p>All UK businesses will be eligible to participate in the scheme. This includes not only limited companies but also LLPs, partnerships and charities.</p>
<p>Employers will need to:</p>

Designate affected employees as ‘furloughed workers’, and notify  employees of this change. Changing the status of employees remains subject to existing employment law. This means an employer will need to agree with an employee that they’re going to become a furloughed worker and also decide upon the appropriate pay. It’s likely employees will agree to this if the alternatives are being made redundant or being sent home without pay.


Submit information to HMRC about the employees that have been furloughed and their earnings through a new online portal.  HMRC is working urgently to set up a system for reimbursement as its existing systems are not set up to facilitate payments to employers. When the portal is set up, HMRC will set out further details on the information required.

<p>Employees should not undertake any work for their employer while on furlough. The employee will still be eligible for additional forms of support, including Universal Credit.</p>
<p>We&#8217;ll update this page as further details about the scheme become available.</p>
<p>Photograph: “Computer on minimal desk” by Startup Stock Photos</p>
]]></description>
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		</item>
		<item>
		<title>Conservative Government’s employment law proposals</title>
		<link>http://lawandlabour.com/tories-proposals/</link>
		<comments>http://lawandlabour.com/tories-proposals/#comments</comments>
		<pubDate>Fri, 15 May 2015 16:01:10 +0000</pubDate>
		<dc:creator><![CDATA[Law and Labour]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Energy and Utilities]]></category>
		<category><![CDATA[Financial services]]></category>
		<category><![CDATA[Hospitality]]></category>
		<category><![CDATA[Public sector]]></category>
		<category><![CDATA[Retail]]></category>
		<category><![CDATA[Equal pay]]></category>
		<category><![CDATA[European Court of Human Rights]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Human rights]]></category>
		<category><![CDATA[Industrial action]]></category>
		<category><![CDATA[National Minimum Wage]]></category>
		<category><![CDATA[Pensions]]></category>
		<category><![CDATA[Redundancy]]></category>
		<category><![CDATA[Zero hours contracts]]></category>

		<guid isPermaLink="false">http://lawandlabour.com/?p=2063</guid>
		<description><![CDATA[<p>In the run-up to the general election, the Conservative Party proposed a number of changes to employment law if they returned to power. In the table below we round up some of their key proposals.
</p>



Human Rights Act


Replace the Human Rights Act 1998 with a British Bill of Rights thereby preventing the European Court of Human Rights from being the ultimate arbiter of human rights issues.




Strike laws


Require a minimum turnout of 40% of all those entitled to take part in strike ballots and a majority vote by those employed in the health, transport, fire and education sectors.
Allow employers to use agency workers to cover for striking employees.
Strengthen the rules on picketing.




Zero hours contracts


Ban the use of exclusivity clauses in zero hours contracts. We previously looked at this proposal in an earlier article Ban on exclusivity clauses to be widened.




National Minimum Wage


Increase the National Minimum Wage (NMW) to £6.70.
Introduce more severe financial penalties for employers who fail to pay the NMW.

<p>&#160;


Tax


Increase the tax-free personal allowance to £12,500.




Equal pay


Introduce private sector equal pay reporting by requiring companies with more than 250 employees to publish the difference between the average pay of their male and female employees.




Public sector termination payments


Introduce new legislation to cap enhanced redundancy payments in the public sector at £95,000.
Require repayment of public sector exit payments in certain circumstances.




Long-term absence


Reduce benefits of those suffering from long-term, treatable conditions if they refuse to follow treatment recommended for them.




Volunteering


Allow employees working in large companies (employers with more than 250 employees) or the public sector to receive three days’ paid volunteering leave.




Pensions


Introduce a single-tier pension system.





<p></p>
<p>Photograph: &#8220;Houses of Parliament&#8221; /© Davoud D.</p>
]]></description>
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		</item>
		<item>
		<title>Ban on exclusivity clauses to be widened</title>
		<link>http://lawandlabour.com/exclusivity-clauses/</link>
		<comments>http://lawandlabour.com/exclusivity-clauses/#comments</comments>
		<pubDate>Sun, 15 Mar 2015 10:35:50 +0000</pubDate>
		<dc:creator><![CDATA[Law and Labour]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Retail]]></category>
		<category><![CDATA[Exclusivity clauses]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Zero hours contracts]]></category>

		<guid isPermaLink="false">http://lawandlabour.com/?p=1875</guid>
		<description><![CDATA[<p>The Government has confirmed it intends to follow through with its plans to ban exclusivity clauses in zero hours contracts. The findings from the public consultation launched last August and concluded in November has led the Government to propose the introduction of further, related legislation.</p>
<p>The consultation’s findings show that many believe if a ban on exclusivity clauses is introduced some employers would seek to get around the restriction by providing employees with contracts that guarantee a few hours’ work. Another key concern was employers who treat zero hours workers poorly where they turn down the chance to work additional hours.</p>
<p></p>
<p>The Government has said it will introduce legislation that allows zero hours workers to make a complaint to an employment tribunal where an employer has treated them poorly because they have worked for another employer. Employers who are found liable for such treatment will have to pay the worker compensation and may receive further fines if their treatment of the worker was particularly severe.</p>
<p>There will also be new legislation to deal with employers who try to get around the ban on exclusivity clauses. All employment contracts will be subject to a ban on exclusivity clauses if the worker’s minimum weekly income is not guaranteed and the rate of pay is less than £20 an hour. The protection against detrimental treatment will also extend to these workers.</p>
<p>One solution proposed during the consultation – to set a threshold on the number of hours that should be worked – was rejected. The Government could not decide on the appropriate number of hours and felt this solution would not provide benefits for either employers or workers. However, a threshold that combines both hours and income may yet be introduced.</p>
]]></description>
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		<item>
		<title>Share and share alike</title>
		<link>http://lawandlabour.com/share-and-share-alike/</link>
		<comments>http://lawandlabour.com/share-and-share-alike/#comments</comments>
		<pubDate>Sun, 08 Mar 2015 09:36:09 +0000</pubDate>
		<dc:creator><![CDATA[Law and Labour]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Adoption leave]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Maternity leave]]></category>
		<category><![CDATA[Paternity leave]]></category>
		<category><![CDATA[Shared parental leave]]></category>
		<category><![CDATA[Shared parental pay]]></category>

		<guid isPermaLink="false">http://lawandlabour.com/?p=1855</guid>
		<description><![CDATA[<p>The countdown is on to the start of shared parental leave, a new type of leave available for parents of children born or placed for adoption on or after 5 April 2015. Shared parental leave provides parents with an alternative to the classic roster of maternity, paternity and adoption leave.</p>
<p>The process commences when a mother cuts short her maternity or adoption leave in order to return to work. The other parent then goes on shared parental leave to care of the child. Up to 52 weeks’ shared parental leave may be taken – the same duration as maternity leave or adoption leave. Leave can be taken as one single block of leave or as discontinuous blocks, with parents passing care of the baby back and forth between them. An employee is automatically entitled to take shared parental leave as a continuous block, but an employer may reject a request for discontinuous leave.</p>
<p class="wp-caption-text">Image licensed under the Open Government Licence v3.0</p>
<p>The potential headache for employers is the numerous notices and timings which administration of shared parental leave entails. There is also the difficulty of trying to agree two sets of leave arrangements between different employers. It is recommended that employees are encouraged to discuss any plans for shared parental leave as early as possible so that their employers can consider how to accommodate their request.</p>
<p>A number of protections apply to a parent who takes or is thinking of taking shared parental leave. During shared parental leave the employee’s terms and conditions of employment remain unchanged, with the exception of pay. If a redundancy situation arises while the employee is on leave, they should be offered alternative employment ahead of other employees. When leave ends, the employee must return to the same job. If the employee has taken more than 26 weeks’ leave and it is no longer reasonably practicable for them to return to their old job, they must be offered a job that is suitable and appropriate and whose terms and conditions are not less favourable.</p>
<p>Employees have the right not to be dismissed or subjected to detrimental treatment because they have taken or are considering taking shared parental leave. Any such dismissal will be automatically unfair.</p>
<p>If parents opt for shared parental leave, they are entitled to receive up to 39 weeks’ shared parental pay between them. This will be paid at the weekly rate of £139.58.</p>
<p>Employers who offer enhanced maternity pay will need to decide whether they want to offer enhanced shared parental pay as well. The consequences of failing to do so may be a claim for direct or indirect sex discrimination. It is expected that the uptake of shared parental leave will be influenced by whether employers choose to offer enhanced shared parental pay.</p>
]]></description>
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		</item>
		<item>
		<title>Freedom to speak up in the NHS</title>
		<link>http://lawandlabour.com/freedom-to-speak-up-in-the-nhs/</link>
		<comments>http://lawandlabour.com/freedom-to-speak-up-in-the-nhs/#comments</comments>
		<pubDate>Sun, 08 Mar 2015 09:28:28 +0000</pubDate>
		<dc:creator><![CDATA[Law and Labour]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Healthcare]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Francis Report]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[NHS]]></category>
		<category><![CDATA[whistleblowing]]></category>

		<guid isPermaLink="false">http://lawandlabour.com/?p=1849</guid>
		<description><![CDATA[<p>The long-awaited report on whistleblowing in the NHS was published on 11 February 2015. Freedom to Speak Up summarised the findings from the review spearheaded by Sir Robert Francis QC.</p>
<p>The report confirms that many NHS staff are afraid to raise whistleblowing concerns because they fear it would have a negative impact on their career. Staff also lack faith in the whistleblowing system and feel it is futile to raise concerns as they would not be dealt with.</p>
<p></p>
<p>The report lists several action points built around five overarching themes of:</p>

culture change,
improved handling of cases,
measures to support good practice,
particular measures for vulnerable groups, and
extending legal protection.

<p>Key proposals:</p>

Freedom to Speak Up Guardian – Each NHS organisation should appoint a Freedom to Speak Up Guardian so staff know to whom concerns should be reported.
Independent National Officer – This role would effectively oversee the administration of the whistleblowing process in the NHS by acting as a support for the Freedom to Speak Up Guardians, reviewing the handling of concerns raised by NHS staff and providing advice to NHS organisations where they have failed to follow good practice in their handling of whistleblowing concerns.
Better training – Staff should be provided with face-to-face sessions on how to raise concerns and how to receive and act on any concerns raised with them.
Legal amendments – More NHS bodies should be made ‘prescribed persons’ to whom protected disclosures can be made. Discrimination legislation should be amended so that known whistleblowers are protected from discrimination when applying for jobs.

<p>The response to the Francis Report has been immediate. One of the report’s recommendations was that the scope of whistleblowing legislation be extended to include student nurses and midwives. The Government has announced new legislation coming into force from 6 April 2015 that will allow these staff to receive whistleblowing protection.</p>
]]></description>
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