Hello and welcome to the latest Regulatory Newsletter from Everyman Legal
This month we focus on certain key changes to business regulations in 2015.
Changes to the CDM Regulations
For all those involved in construction, a reminder that the Construction, Design and Management Regulations have changed from the 6th of April. The key changes are as follows:
– The role of CDM Co-ordinator has been removed.
– The regulation in the 2007 Regulations addressing competence has been removed.
– There is a new role of Principal Designer with specific duties.
– The requirement for notifying a site now includes the number of worker at any one time (more than 20).
For more information email edmund.conybeare@everymanlegal.com.
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Shared parental leave
Employees who are the parents of children born on or after the 5th April 2015 will have the right to request to share parental leave and pay. The new rules work by a couple being allowed to share some of the mother’s entitlement to maternity leave by opting into shared parental leave (SPL). Unfortunately the regulations are incredibly complex so do not hesitate to seek legal advice if you receive a request for shared parental leave.
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Holiday Pay
From July 2015 calculated on employers will need to take into account overtime and commission when calculating holiday pay so that it is calculated on employee’s actual earnings, not basic pay. Where hours and earnings vary, holiday pay should be based on an average of actual learning as calculated over a 12 week reference period. In addition to this, beware, because employees will also be able to back date claims for up to two years.
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Obesity Ruling
At the end of 2014 the European Court issued a ruling that could have serious repercussions for UK employers. Following a case brought by a childminder in Denmark who claimed that he had been dismissed for being morbidly obese, the European Court ruled that whilst obesity itself was not a protected characteristic under the Equality Act, health issues that are a direct consequence of obesity could be cast as a disability and therefore covered under the Act.
The ruling is automatically binding under UK law which could leave businesses open to potential claims or being required to make reasonable adjustments. As this issue is potentially one of potential discrimination, you should seek legal advice if the matter is raised.
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Pensions Auto Enrolment
2015 will see pension auto enrolment become a practical reality for many smaller firms. From 1st January 2015, businesses with 58 employees on their PAYE scheme will be affected, and by the end of the year some businesses with 30 employees on the PAYE scheme will be legally obliged to automatically enrol those employees into a suitable pension.
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Future Small Business, Enterprise and Employment Bill?
At some stage, general election permitting, there may be a number of potential legal changes all wrapped up in a “Small Business Bill”. These include potential employment law changes such as penalties for non payment of the National Minimum Wage, as well as changes to tribunals, zero hours contract and whistle blowing legislation.
Also contained in the Bill are measures for regulatory reform that would create a legal definition of small and micro businesses for use where it is necessary to exempt smaller businesses from laws that affect them disproportionately. The implementation of this will be of interest.
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As always, if you have any query on any regulatory issue, please do not hesitate to contact Edmund Conybeare on 07739 463571 or alternatively at edmund.conybeare@everymanlegal.com.
