CPA Bulletin

www.cpa.uk.net CPA Bulletin > February 2019 51 LEGAL: 3 The Ministry of Justice (MoJ) has confirmed that they are looking to reintroduce fees for employees (and ex-employees) who are bringing a claim to an Employment Tribunal. The Government introduced Tribunal fees in July 2013, which although heavily criticised, did significantly reduce the number of claims being submitted. However, as a result of an application submitted by the Trades Union, Unison to the Supreme Court in 2017, the Lord Chancellor held that the Government’s decision to introduce fees was unlawful under both unlawful under both domestic and EU law because it had the effect of preventing access to justice. As a result, from July 2017 fees for Employment Tribunal and Employment Appeal Tribunal claims were no longer charged and the number of claims being brought has increased significantly. Although nothing has been finalised, the MoJ has given assurances - in light of the Supreme Court decision - that it will develop a fair fee system that will help fund the court while ensuring justice is still accessible. Members will be informed when further details become available. Employment Tribunal Fees Workplace Reforms The Government has set out some workplace reforms which focus on those who are on zero-hour contracts, agency employees or in the “gig economy”. Under new legislationwhichwas introduced in themiddle of December, staff would have to be told details of their rights fromtheir first day in a job, including eligibility for paid and sick leave. Workerswould also be given the right to requestmore predictable hours. The reforms are based on the findings of a review intomodernworking practices. The new legislation will: • close a loophole that had allowed agency staff to be paid less than permanent employees • ensure firms will have to provide a “statement of rights” on the first day of a person’s employment, setting out what paid leave they are entitled to, including for illness, maternity and paternity leave • increase the maximumfine employers face at a tribunal from £5,000 to £20,000, if they are found to have demonstrated “malice, spite or gross oversight” • ensure that companies will have to calculate holiday pay based on 52 weeks, as opposed to 12 weeks, so people in “seasonal or atypical roles get thepaid timeoff they areentitled to” Further information will be circulated in the next edition of the CPA Bulletin. Increase of SSP/SMP Rates in April 2019 The Statutory Benefit payments will increase from April 2019. Statutory Maternity, Paternity, Adoption, Shared Parental Pay and Maternity Allowance will increase to £148.68 a week (up from £145.18). Statutory Sick Pay will increase to £94.25 a week (up from £92.05). National Minimum Wage and National Living Wage Rates The National Minimum Wage will increase from April 2019 to the following rates: • Apprentices: £3.90 an hour; • 16 - 17 year olds: £4.35 an hour; • 18 - 20 year olds: £6.15 an hour; • 21 - 24 year olds: £7.70 an hour. The National Living Wage will increase for those aged 25 and over to £8.21 an hour.