The latest news from TeamHR
The latest HR and employment news from TeamHR. Breaking news stories are added every week to help keep you and your business up to date with the latest breaking news in employment, employment law, personnel management and HR.
MINIMUM WAGES INCREASE - 1st October 2008
The minimum wage rates from 1 October 2008 are as follows:
- Workers aged 22 and over - £5.73 per hour
- Workers aged 18-21 - £4.77 per hour
- Workers aged 16-17 - £3.53 per hour
- Accommodation offset - £4.46 per day (£31.22 per week)
Find out more: Guide for Employers
STATUTORY HOLIDAY ENTITLEMENT INCREASING - 1st April 2009
Remember, the statutory holiday entitlement has ALREADY increased to 24 days per annum (including any bank/public holiday entitlement) and will increase again, to 28 days per annum (including any bank/public holiday entitlement) with effect from 1st April 2009.
Remember holiday accrues from DAY ONE of employment, not after people complete any trial or probationary period! Holiday also accrues during sickness absence, maternity leave and so on although the calculations may not be as straightforward as they first appear.
TEAMHR HOLIDAY CALCUATION TIP!
For part time workers and those working their hours over 4 or less days of the week, move to calculating holiday entitlement in HOURS and add any bank/public and holiday entitlement together to give TOTAL holiday hours per annum; people then book holiday for bank/public and holiday days and you, and the individual, know where you are at and you don't risk providing too much or too little bank/public holiday entitlement - all too common for people working patterns such as Monday - Wednesday or Tuesday to Thursday respectively.
EXAMPLES:
- A full time person working 37.5 hours per week, over Monday - Friday, (not including unpaid lunch breaks) has 20 holiday days and 8 paid bank/public holiday days per annum. That means they have 28 days per year in total, 8 of which must be used on designated bank/public holiday days. This is the same as 210 holiday hours per annum, of which 60 hours must be used on designated bank/public holiday days.
- A part time person working 3 full time days of 7.5 hours each day per week, Monday - Wednesday works 22.5 hours per week. Their holiday entitlement is 3/5ths of a full time person. That means their holiday entitlement is 3/5ths as well. So their holiday entitlement is 3/5ths of 210 hours = 126 hours per annum of which 36 hours (3/5ths of 60 hours) must be used on designated bank/public holiday days.
- A part time person working 3 full time days of 7.5 hours each day per week, Wednesday-Friday works 22.5 hours per week. Their holiday entitlement is 3/5ths of a full time person. That means their holiday entitlement is 3/5ths as well. So their holiday entitlement is 3/5ths of 210 hours = 126 hours per annum of which 36 hours (3/5ths of 60 hours) must be used on designated bank/public holiday days.
- A part time person working 5 part time days of 5 hours each day per week, Monday -Friday works 25 hours per week. Their holiday entitlement is 25/37.5ths of a full time person. That means their holiday entitlement is 25/37.5ths as well. So their holiday entitlement is 25/37.5ths of 210 hours = 140 hours per annum of which 40 hours (25/37.5ths of 60 hours) must be used on designated bank/public holiday days.
TERM TIME ONLY - talk to us or your usual HR advisor first, it is not as straightforward as it first appears!
HOURLY PAID CASUAL and VARIABLE HOURS EMPLOYEES - talk to us or your usual HR advisor first, it is not as straightforward as it first appears!
Consultation on Statutory Right for (Un)paid Time off for Training
You've got until 10th September 2008 to take part in the government's consultation exercise on how workers can be given the statutory right to request time away from their normal duties to undertake relevant training.
The proposal is that this new right would only apply to employees with at least 26 weeks' employment with a given employer. The proposal is that an employee would have no automatic right to take time off for training but that his or her employer would have to seriously consider any such request. It is proposed that the employer would be at liberty to refuse such a request, but only if there is a good business reason for doing so. For example, where training would not help improve business performance the request could reasonably be refused - this mirrors the procedures already in place for employees to request flexible working arrangements.
Employees' requests could be to undertake accredited programmes leading to a qualification, or for short, unaccredited training to help them develop a specific skill relevant to their job. Alternatively the employee may need to arrange their own training, perhaps through a local college, but will benefit from being released during normal working hours. In all instances, the only requirement would be that training should help improve business performance and productivity. However, the right will not extend to paid time off from work or reimbursement of training costs, but the employer may wish to provide for this, or to make a contribution to this, as a contractual entitlement. Employers granting requests would be able to access government support and funding.
The government anticipates that the proposals would result in around 300,000 more people receiving skills training from 2010 onwards and proposes to introduce the right through the Education and Skills Bill, which will also create a national apprenticeship service and provide a statutory entitlement to apprenticeships for all suitably qualified young people. The consultation is open to employers and employees and closes on 10 September 2008. Click on the following link to access the consultation document.
http://www.dius.gov.uk/consultations/time_to_train.aspx
Immigrant Workers - changes from 29th Feb 2008
Major changes are being introduced, from 29th February 2008, into all aspects of Business Immigration. If you are considering, or do from time to time seek a work permit for a potential worker make sure you know about the changes.
The changes arise from the introduction of Civil Penalties for illegal workers with effect from 29th February 2008.
In addition to this, a new Points Based System is being introduced on a roll out process by the Home Office and this will affect 80 current work and study immigration categories. The new points based system will be based on a five tier structure. It is thought that this new system will have significant impact on any companies proposing to make new work permit applications and/or extension applications. They will now need to apply to be licensed as a sponsor and have various ongoing obligations in order to maintain their licence.
Highly Skilled Migrants are covered within Tier 1 of the new points based system, and the time scale for implementation is likely to be March 2008. Tier 2, which incorporates a very significantly modified version of the existing Work Permit Scheme (to include an English language requirement and electronic certificates of sponsorship issued by the licensed UK companies), is likely to be implemented during autumn 2008.
Further details http://www.ind.homeoffice.gov.uk/employers/
UK and Eire Bank Holiday Dates 2008 and 2009
Employers need to be aware that bank holiday entitlement varies between the countries of the United Kingdom. In England, Wales, Scotland and Northern Ireland there is no entitlement time off (*1) or to payment at the basic rate for public/bank holidays UNLESS the contract of employment provides for time and/or payment at the basic rate of pay.
(*1) There are special rules for shop-workers in England and Wales who work in large shops (over 280 square feet). If someone works in one of these shops, they must be given Christmas Day off, regardless of which day it falls on. However, whether or not the person will be paid at the basic rate of pay will depend on what their contract of employment says.
At present there is a statutory entitlement of 24 days holiday per annum, and this may include any entitlement under the contract of employment to paid time off on, or in lieu of, bank/public holidays. From April 2009 this entitlement will increase to 28 days per annum, and again this entitlement may include any entitlement under the contract of employment to paid time off on, or in lieu of, bank/public holidays.
The expected dates of bank and public holidays in England, Wales, Scotland and Northern Ireland are shown below for the years 2008 and 2009.
For those employers also employing staff in Eire, where the bank public holidays differ slightly, these are shown below also.
| Country | Description of day | Date 2008 | Date 2009 |
|---|---|---|---|
| England, Northern Ireland, Scotland and Wales and Eire | New Year's Day | 1 Jan | 1 Jan |
| Scotland | 2nd January | 2 Jan | 2 Jan |
| Northern Ireland and Eire | St Patrick's Day | 15 Mar | 17 Mar |
| England, Northern Ireland Scotland and Wales (not Eire) | Good Friday Bank Holiday | 21 Mar | 10 Apr |
| Eire | Easter Sunday | 23 Mar | 12 Apr |
| England, Northern Ireland and Wales (not Scotland) | Easter Monday Bank Holiday | 24 Mar | 13 Apr |
| England, Northern Ireland, Scotland and Wales and Eire | Early May Bank Holiday (First Monday in May) | 5 May | 4 May |
| England, Northern Ireland, Scotland and Wales and Eire | Spring Bank Holiday (Last Monday in May) | 26 May | 25 May |
| Northern Ireland | Battle of the Boyne (Orangemen's Day) | 14 July | 13 July |
| Scotland and Eire | Early Summer Bank Holiday (First Monday in August) | 4 Aug | 3 Aug |
| England and Wales | Summer Bank Holiday (Last Monday in August) | 25 Aug | 31 Aug |
| Northern Ireland and Eire | October Bank Holiday | 29 Oct | 26 Oct |
| Scotland | St Andrew's Day, 30 November or the next Monday if a weekend | 1 Dec | 30 Nov |
| England, Northern Ireland, Scotland and Wales | Christmas Day, Bank Holiday | 25 Dec | 25 Dec |
| England, Northern Ireland, Scotland and Wales | Boxing Day, Bank Holiday | 26 Dec | 28 (*2) Dec |
(*2) Substitute Bank Holiday in lieu of 25th Dec because 25th falls at the weekend
You can find information about bank / public holiday dates in other countries at the following sites:
England, Wales and Northern Ireland http://www.dti.gov.uk/employment/bank-public-holidays/
Scotland: http://www.scotland.gov.uk/Publications/2005/01/bankholidays/
World-wide: http://www.bank-holidays.com/
Previous copy of our News pages from 2007
The covers of the latest Newsletter are here
The content of the latest Newsletter is here
