Update on Legislation April 2019

Vento Guidelines updated: Injury to feelings award.

For claims presented on or after 6 April 2019, the new Vento bands are:

  • Lower band (less serious cases): £900 to £8800
  • Middle band (cases that do not merit an award in the upper band): £8800 to £26300.
  • Upper band (the most serious cases): £26300 to £44000.

The Employment Rights (Miscellaneous Amendments) Regulations 2019

These Regulations contain three measures:

  1. Increase in financial penalties from 6 April 2019 for employers found in breach of workers’ rights from £5000 to £20000 000 (or £40,000 where the tribunal also makes a financial award to the )
  2. Amends the Information and Consultation of Employees Regulations 2004 lowering the threshold for a request to set up information and consultation arrangements in the workplace from 10% to 20% of the total
  3. They extend the right to a written statement of employment particulars from the first day of employment for workers rather than just employees. This will apply to workers who start work on or after 6 April 2020.

Agency Workers (Amendment) Regulations 2019

These Regulations which will come into effect on 6 April 2020 will remove the Swedish derogation provisions. At present agency workers can opt out of the entitlement to equal pay in return for pay between assignments through a Swedish derogation contract. The repeal of the Swedish derogation will make a significant positive difference to agency workers in the UK.

Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations

These Conduct Regulations will require employment businesses to provide agency work- seekers with a key information document (“key facts page”) before agreeing the terms by which the work-seeker will undertake work from 6 April 2020. The key facts page will give agency workers more transparency by providing them with information/ clarity over pay and other key facts. The key facts page will contain a number of largely pay-related facts in a clear manner, who is responsible for paying them and what they will receive for an assignment, enabling better informed decisions before agreeing to take work.

 

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