The abolition of the discrimination questionnaire
However ACAS best practice still advises that it is best to answer questions on equality and discrimination issues, it goes down well with tribunals that these issues have been addressed.
The Employment Tribunal’s new power to fine for aggravating features
The ET now has a new discretionary power to fine employers who lose at tribunal, an amount between £100 and 5,000, if they find ‘aggravating features’. As yet this expression remains undefined, but it could apply if there were lengthy repeated breaches of employment laws or deliberate malicious conduct.
Statutory payments increase
Rates for maternity, adoption and additional paternity pay have increased to £138.18. Statutory Sick Pay (SSP) has increased to £87.55. Employers do not need to keep SSP records; the SSP percentage threshold scheme has been abolished (previously, employers could recover SSP where the total amount paid out was 13% of the total NI bill for the employee).
TUPE and pensions
New employers may now match the level of the old pension contributions.
Amendments to Employment Tribunal fees
Certain of the more complex claims have now been re-categorised from type A claims to type B e.g. equal pay.
HMRC and agency workers: self-employed or otherwise?
HMRC have been cracking down on agency workers and now employ a new test: if an agency worker is personally carrying out work under the control of another, they will be deemed to be employed for the purposes of HMRC.
Immigrant workers
The maximum penalty for employing workers who do not have the right to work in the UK has now doubled to £20,000.
Increase in Employment Tribunal compensation limits
The maximum amount for unfair dismissal is now £76, 574, and for redundancy is £13,920.
