What are the key developments in employment law from 2015 which impact upon the hospitality and catering industry and what should employers do now? Here, Oonagh Sharma, Solicitor, Employment & Employee Benefits at Greenwoods Solicitors rounds up changes from 2015 – and what you should be doing.
National Minimum Wage: from 1 October 2015, the National Minimum Wage increased to £6.70 per hour for employees aged 21 or over. Employers should check that they are paying staff at the National Minimum Wage or above.
Smoking in vehicles: from1October2015,smokinginprivatelyownedvehiclescarrying at least one passenger aged under 18 was banned. This includes vehicles which are used for work. Employers should make sure that employees who are required to drive their own vehicles for work are aware of these changes.
Modern slavery statements: from 29 October 2015, businesses with an annual turnover of at least £36 million must publish a slavery and human trafficking statement each year. The statement should include steps taken (if any) to prevent modern slavery in their business or supply chain. We recommend that businesses with an annual turnover of at least £36 million take steps to investigate whether operations and supply chains are free from trafficking and slavery, and then publish a statement setting out the steps that have been taken.
Zero hours contracts: as of 26 May 2015, clauses in zero hour contracts which prevent workers from working for another employer (‘exclusivity clauses’) were banned. On 15 October 2015, the Government published guidance on the fair use of zero hour contracts and management of casual workers. Employers are advised to check if any of their zero hour contracts contain exclusivity clauses and consider whether their casual workers are managed in line with the new guidance.
Travel time: time which mobile workers spend travelling between home and their first place of work and from their last place of work to their home should now be treated as ‘working time’ for the purposes of calculating their entitlement to rest breaks. Employers should consider travel time when preparing staff rotas and work schedules and check that mobile workers are taking appropriate rest breaks.
Holiday pay: a number of recent cases stated that employers should now include commission and non-guaranteed overtime payments when calculating an employee’s rate of pay whilst on holiday. As this is a continually evolving area, employers should keep an eye on developments in how holiday pay should be calculated and seek advice where necessary.
Holiday accrued during sick leave: employees in the UK are entitled to 20 statutory holiday days under EU law and an additional 8 days under UK law. It has been decided that any of the 20 days’ EU holiday which accrues during sick leave can be carried over into a new holiday year, provided that the leave is then taken within 18 months of the end of the leave year in which it accrued. Employers should consider whether existing policies and contracts of employment need to be reviewed to ensure that they reflect the current position in relation to the accrual of holiday entitlement during sickness absence.
If you would like clarification on any of these issues or advice from a member of Greenwoods’ Employment and Employee Benefits Team, please contact us on 01733 887700. The information contained in this article is intended to be a summary only. Before acting on it, you should take professional advice.
Greenwoods will be running a series of free employment law updates in London, Peterborough and Cambridge in early 2016 – click here for more information. Our training events are always highly popular, allowing attendees the chance to share views and experiences with other delegates, with expert legal input from Greenwoods’ team. Spaces are likely to be in demand, so please call Leah Pearson on 01733 887817 or email lvpearson@greenwoods.co.uk to book your free place.
The information contained in this article is intended to be a synopsis only. Before acting on it, you should take professional advice.
Written by Oonagh Sharma, Solicitor, Employment & Employee Benefits
Greenwoods Solicitors LLP, Monkstone House, City Road, Peterborough PE1 1JE.
Tel: 01733 887700
For more information click here
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