CPA Bulletin

www.cpa.uk.net CPA Bulletin > May 2020 45 LEGAL: 2 In February, the Employment Appeals Tribunal (EAT) found that an organisation had unfairly dismissed an employee on the basis that the manager investigating allegations of sexual misconduct had not passed on relevant information to the manager who was dismissing the employee. As the organisation viewed sexual misconduct as a serious issue, the police were called in, and investigated the allegations. However, inconsistencies in the victim’s statement were brought to the victim’s attention, and immediately withdrew the allegation. Despite this, the employee was dismissed following a disciplinary hearing. The investigating manager had failed to inform the dismissing manager that the allegations had been withdrawn. The EAT decided that a high investigative standard was required, particularly due to the seriousness of the allegation raised. The EAT has referred the case back to the Employment Tribunal for re- consideration. EAT Judgement on Unfair Dismissal Claim Statement/Contract of Employment From 6th April 2020, there is a requirement for all new employees to receive a Statement or Contract of Employment on the first day they join the organisation. Previously, the need to give the employee a statement or contract of employment had to occur within the first eight weeks. The written statement must include details about: • the hours and days of the week the worker or employee is required to work, and whether they may be varied and how • entitlements to any paid leave • any other benefits not covered elsewhere in the written statement • any probationary period • any training provided by the employer Changes to Parental Bereavement Leave Announced From 6th April 2020, parents who unfortunately lose a child under the age of 18, or who suffer a stillbirth from 24 weeks of pregnancy, will have the right to two weeks’ leave. This leave can be taken either as a single block of two weeks or two one-week blocks during the first year after their child’s death. The statutory obligation will be time off with pay, currently £151.20, subject to the employee being with their employer for at least 26 weeks. Statutory Rate Increases The National Living Wage and the National Minimum Wage were both increased as from the 5th* or 6th April 2020: National Living Wage (aged 25 and above) Increased to £8.72 from £8.21 National Minimum Wage (NMW) For 21 - 24 year old Increase to £8.20 from £7.70 For 18 - 20 year old Increase to £6.45 from £6.15 For 16 - 17 year old Increase to £4.55 from £4.35 Apprentice rate Increase to £4.15 from £3.90 Statutory Sick Pay (SSP) Increased to £95.85 from £94.25 Statutory Maternity Pay (SMP) Statutory Paternity Pay (SPP) Increased to £151.20* from £148.68 Statutory Adoption Pay (SAP) Redundancy Payments Increased to £538.00 from £525.00