April employment law changes: All that you need to know

Staff beginning new jobs now have employment rights from their first day – and businesses are being urged to ensure they are prepared for them.

Changes coming into force through the UK Government’s Employment Rights Act and other legislation will include employees being entitled to sick pay and paternity leave from day one of their new role with no service requirement.

Kate Wyatt, a Partner in the Employment team at independent Scottish legal firm Lindsays, said: “Businesses cannot afford to overlook the changes.

“These new day one rights are a significant change in UK employment law. Every employer will need to be aware of the changes coming into effect and update their HR processes to reflect them.

“Failure to comply could lead to costly disputes. If anyone is unsure of what they need to do, they would be wise to seek professional advice.”

What to expect and when:

• Paternity leave: From April 6, paternity leave (but not pay) has become a ‘day one’ right, meaning employees can give notice as soon as they start work. Previously, employees had to complete 26 weeks of service before being eligible for the leave.
• Ordinary parental leave rules have also being relaxed, moving from a one-year qualifying period to immediate eligibility from the first day of employment.
• In addition, bereaved fathers and partners are now entitled to take up to 52 weeks of unpaid leave if the mother or primary adopter passes away – a significant expansion of existing rights.
• Statutory sick pay (SSP) has undergone a major shake-up. Changes remove the three-day waiting period, making SSP payable from day one of absence. The lower earnings limit has also been removed, allowing more employees to receive the SSP regardless of earnings (currently, employees must earn at least £125 a week to qualify).
• There is also be a big shift for redundancy processes. If companies fail to properly consult staff during large-scale redundancies, the maximum protective award for this will increase from 90 days pay to 180 days pay per employee.
• From April 6, sexual harassment became a ‘qualifying disclosure’ under whistleblowing laws, further protecting employees from unfair treatment or dismissal.

New watchdog on the way

Other changes include the creation of the Fair Work Agency (FWA), which will oversee compliance on holiday pay, statutory sick pay and the national minimum wage (the FWA was established on April 7).

Currently, businesses found to be underpaying staff could face fines of up to 200% of the total amount underpaid.

The national minimum wage rose from April 1, moving from £12.21 to £12.71 for those aged 21 and over, from £10 to £10.85 for those 18 – 20, from £7.55 to £8 for those under 18, and from £7.55 to £8 for apprentices.

“Tighter enforcement is expected, so more employers could find themselves under scrutiny as checks are carried out,” Ms Wyatt added.

Lindsays lawyers, working from offices in Edinburgh, Glasgow, Dundee, Perth, and Crieff, supporting clients with all aspects of employment law.