Over the past two years, we have seen an increasing number of GDPR claims being made alleging that an individual’s data protection rights have been breached.
While it is understood that the bill has been introduced to tackle the potential exploitation of migrant workers, it will apply equally to all employers and workers. It is therefore likely to affect employers in many sectors who provide employee accommodation. The additional payment specified shall not be taken into consideration in assessing whether the basic pay is at or above the national minimum wage.
However, the bill states that the requirement to offer a financial alternative to residential accommodation will not apply if the accommodation is deemed to be ‘a necessary requirement of the employment’.
We are aware that a number of our clients offer their employees residential accommodation and that many of these require their employees to live in that accommodation either because they consider that such residence is essential for, or for the better performance of, their duties.
Accommodation provided to low-paid workers (including employees) may affect the calculation of the worker's pay for national minimum wage purposes. Accommodation may be given a value, known as the "accommodation allowance" or "accommodation off-set", which is set under regulation 36 of the National Minimum Wage Regulations 1999.
There is not currently a date for the second reading of the bill; and as the next election is in May 2015 it will not become law if it has not completed its passage through Parliament at that stage.
We would recommend that clients who offer accommodation as part of an employment package take this opportunity of reviewing the basis and terms upon which they are doing so and be clear as to whether the occupation of accommodation is a necessary requirement of the role.
For more information
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2022.
Alice Kinder, pensions and employment solicitor takes on the role in representing and supporting more than 5,500 legal professionals located across Birmingham and the Greater Midlands.
Our annual virtual employment law update catches up on the cases, legislation and changes over the last 12 months.
Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
Answering key questions about the details and practicalities of mandatory vaccinations in care home settings.
Anthony Collins Solicitors (ACS) has appointed a new partner to its market-leading social housing property team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
We are delighted to secure our position as a top-tier firm in five of our practice areas in the Legal 500 2022 edition.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.