The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
On 19 December 2019 the Queen announced to the newly formed Parliament the Employment Bill (the Bill). It was to be published, consulted and debated on in 2020 but a global pandemic rather shunted that discussion off the agenda.
It is now expected to be published in 2021, Parliamentary time permitting, and the measures are wide-ranging, several originating from the Good Work Plan back in 2018. The headlines of the Bill are outlined below for information and to provide a long view. We have, as yet, no timings or details for implementation although it is unlikely to be published before the current vaccination programme is more widespread, lockdown is easing, and some 'normality' is returning.
Right to request a more predictable and stable contract after 26 weeks’ service
This measure is to address the unpredictability of zero-hours contracts and the vulnerability zero-hours workers often feel. Early commentary on this measure intimated that the process may be like that of requesting flexible working practices, but this has not been confirmed.
Longer redundancy protection for pregnant employees
Under current legislation, pregnant employees are given protections against redundancies for the duration of their maternity leave. Under the Bill, this protection period would be extended to the date employees notify their employer of their pregnancy until six months after their return to work.
Extended leave for parents of children in neonatal care
We understand that the Government intends to introduce the right for parents to take an additional week of leave for every week their baby is in need of neonatal care, up to a maximum of 12 weeks. The leave will be added to the end of the parent’s maternity or paternity leave.
The Government consulted in March 2020 on the proposal to introduce a new right for employees with caring responsibilities to take a week’s unpaid leave each year. The consultation sought views on eligibility, the purpose of the leave and notification details. No government response has been issued as yet.
Single labour market enforcement
The aim of this body is to ensure that vulnerable workers are better informed of their rights and to support businesses in compliance. The Government of the day consulted on this body in 2019 but this Government has yet to respond.
Payment of tips and service charges
The Bill provides that all tips and service charges go to workers and the distribution be supported by a statutory code.
For more information
For further information in relation to any of the above, please contact your relevant ACS contact or Jackie Morris.
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
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.