Awards, Wage and Benefit Rate Changes etc | ||||
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In a new attack on workers rights the Chancellor George Osborne has announced intended changes to the tribunal system that will possibly drastically reduce the numbers of workers able to bring employment tribunal claims. The details announced in a speech at the Conservative Party conference are found in this Evening Standard report.
This government might not find it easy to role back much of the legislation protecting workers' rights as it often stems from EU directives. But the fear is that as with the stealthy yet increasing undermining of benefit entitlements (such as those for the disabled) this might be the beginning of a systematic legislative attack on workers' rights. Accordingly these new measures need to be fought against strongly before they even begin to be implemented. The government is attempting to describe these provisions as necessary to prevent abuse of the employment tribunal system by vexatious litigants attempting to harm their employer. Yet this issue has already been comprehensively addressed (already unfairly as the powers are draconian)and tightened again in the 2004 Employment Tribunal Regulations so that workers who bring cases judged as without merit or vexatious workers are already at risk of costs of up to £10,000 being awarded against them (the costs are unlimited if the ET refers the assessment of costs to the County Court). And even before a case begins a judge may strike out a case judged without merit at a pre-hearing. A £250 deposit may be asked for when a case is judged as 'weak' by the judge. As there is no need for these new measures to weed out 'undeserving' cases, it remains to be answered as to just what agenda these measures by the Liberal-Conservative alliance serve? Could it be related to a more general attack on workers' rights such as watering down TUPE or reducing redundancy consultations from 100 to 30 days? Please protest to your union and moreover your MP against this move by the Conservative-Liberal Government that will add yet more hurdles preventing workers from accessing the justice system (usually after dismissal). |
9/10/11 | |||
The Low Pay Commission’s National Minimum Wage recommendations (2011) will be implemented by Government as of 1st October 2011. The new hourly rates will be:
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10/05/11 | |||
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The maximum compensatory award for unfair dismissal increases to £68,400 from the present amount of £65,300 on 1st February 2011 with the maximum for a week's pay increasing from £380 to £400. The basic plus compensatory award will therefore together amount to a maximum of £80,400.
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16/12/10 | |||
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Personal injury and injury to feelings awards arising from tortious acts (e.g. failure to make reasonable adjustments in a claim for disability discrimination ) are not taxable and are not subject to 'grossing up'. But for the present this is only when the acts pre-date the termination of employment (Yorkshire Housing v Cuerden EAT 2010). Pension and earnings loss awards will be grossed up by applying the appropriate marginal tax rates for each part of an award and not by applying the highest marginal tax rate on the entire sum. No decision was made regarding the controversy in Orthet Ltd v Vince Cain [2004] IRLR 857 that held that awards for injury to feelings are never taxable notwithstanding the date when the discrimination occurred. |
27/07/2010 | |||
The maximum compensatory award has been reducedWith effect from 1st February 2010 the employment tribunal maximum compensatory award will drop from £66,200 to £65,300. |
19/12/09 | |||
Injury To Feelings Awards IncreasedThe EAT has ruled that the Vento damages bands will rise as follows (with immediate effect)
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29/09/09 | |||
Monies already paid not subject to upliftA case in the EAT has decided that tribunal uplifts will discount moneys already paid to the claimant in anticipation of an award judgment. Only the outstanding sum will be subject to the uplift, not the whole award. Although this case was decided according to the Employment Act 2002 provisions, the decision will apply under the 2008 Act.The same principle will apply to reductions in awards. Monies already paid will be disregarded when calculating a reduction. Where dismissal is inevitable awards for loss of statutory rights will not be made. The case of Arrow & Sons v Onley [2009] UKEAT 0527_08 can be found: here |
15/09/09 | |||
MED 3 Sicknotes Being Replaced By 'Fitnotes'There is a consultation at the moment The Fit Notes haven't been finalised. The notes will probably be introduced in spring 2010. It is intended that instead of the current 'fit / unfit' to work choice the new notes will be used to suggest how an unwell the worker is, and how he can be brought back to work. More information here |
28/05/09 | |||
New Minimum Wage RatesThe government has accepted recommendations from the Low Pay Commission regarding increases in the National Minimum Wage rates. These will take effect in October.
For workers aged:
16 and 17 years the wage will rise from £3.53 to £3.57 an hour. Nearly one million people will benefit from October's increase. |
12/05/09 | |||
Tips Are Not WagesFrom 1st October 2009 restaurants and bars will be banned from using tips to top up the wages of staff paid less than the minimum wage. Service charges, tips, gratuities and cover charges will be need to be paid as originally intended, in addition to the national minimum wage. |
07/05/09 | |||
Redundancy PaymentsThe weekly maximum pay for reckoning statutory redundancy payments is increasing from £350 to £380 (the increase will apply to the basic award in unfair dismissal cases ). The maximum statutory redundancy payment will therefore rise from £10,500 to £11,400
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22/04/09 | |||
Holiday and Maternity PayFrom today SMP, SSP and holiday entitlement are increasing. SMP has increased to £123.06 and SSP is now £79.15. Paid holiday entitlement is now 5.6 weeks (same as previously for a full-time worker - 20 days + 8 days bank holiday. |
06/04/09 | |||
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