Quarterly Employment Law Update
July 2021

Introduction

SYLO | Beyond HR. are pleased to provide you with our latest quarterly employment law update.

With summer finally in full swing, the harshest of lockdown restrictions behind us (here’s hoping it stays that way!) and with the speed in which the vaccination programme is progressing, many of us have been enjoying reconnecting socially again with our extended families, friends and colleagues. Of course, it remains to be seen how the new ‘Delta’ variant will impact the full return of normal life going forward and, as we are writing, the 4-week delay to ‘Freedom Day’, which was originally due to happen on 21^st June, has just been announced.

The guidance from Government is that where possible, people should continue to work from home until 19^th July.

Many businesses are now considering what the future of work looks like for them, in a post-pandemic world and, the rise in ‘hybrid working’ is certainly a key topic of discussion. There is most definitely a sense that a more flexible world of work is on the horizon and hybrid working (part office based/part home based) appears to offer a great balance for both employees and businesses. We have recently been running a series of webinars on this very topic. If you missed the sessions but are considering a shift to a more hybrid working environment, then please do get in touch. There are many aspects to consider including contractual/legal and health and safety obligations which need to be thought through carefully.

Below you will find a summary of the latest key updates, news and developments. Should you wish to discuss any of the topics highlighted below and the impact and requirements on your business, please don’t hesitate to get in touch with us.

• COVID-19

Coronavirus Job Retention Scheme Extension

The Coronavirus Job Retention Scheme (CJRS) remains in place until 30^th September 2021. The scheme enables employers to claim for 80% of salary to a maximum cap of £2,500 per month until the end of June. From July, the cost of the furlough scheme for employers will increase.

• From July, employers will need to cover at least 10% of salary (plus NI and Pension Contributions) with the government contributing 70%.
• In August and September employers will be required to cover at least 20% of salary (plus NI and Pension Contributions) with the government contributing 60%.

Workforce Testing

The Government have in recent months introduced the opportunity for businesses of all sizes to register to receive and carry out lateral flow testing kits in the workplace, or, to distribute to employees for regular twice a week testing at home. This is particularly helpful where you have employees who are not able to carry out their job from home. Whilst the government are keen for as many employers to sign up for regular testing of their workforce, it is of course voluntary for employers and for employees, when it comes to taking the test. Further information and registration can be found here Coronavirus (COVID-19) workplace testing.

With the emergence and rapid spread of the Delta variant, lateral flow testing could be invaluable to help protect the health of your staff and minimise business disruption.

• EU Settlement Scheme and Right to Work

A final reminder that where you have EU citizens working for you as of 31^st December 2020, they can continue to work for you, and, if they have not already, will have until 30^th June 2021 to apply for the EU Settlement Scheme.

Should you wish to employ EU citizens now, you will need a sponsor licence if you want to hire new employees from outside the UK (excluding Irish citizens).  If this is of interest, you should apply for a sponsor licence now.  There’s more information on the Government website about the criteria that need to be met in respect of both the job and the worker you want to recruit. Apply for a sponsor licence – GOV.UK (www.gov.uk).

As an employer, you must continue to check the right to work status of all employees. From 21^st June, employers must resume checking applicants’ original documents with the person present, rather than doing so remotely. Retrospective checks on employees appointed under the pandemic-adjusted rules are not required.

From 1^st July 2021, UK and Irish citizens can continue to use their passport or passport card to prove their right to work. All other EU, EEA and Swiss citizens will no longer be able to use their passport or national identity card to prove their right to work. You’ll need to check their right to work online here View a job applicant’s right to work details using:

• a share code
• their date of birth

You can also check someone’s original documents instead if they do not have a UK immigration status that can be shared with you digitally.

• APPRENTICESHIPS, TRAINEESHIPS AND GOVERNMENT FUNDING

Due to the pandemic, the impact on unemployment, especially in young people has been extremely high. In order to help address this and to help incentivise employers to create more opportunities for young people, the Chancellor put apprenticeships at the centre of his recovery plans by doubling the incentive payments given to employers.

Under the plans, the government will pay an employer who hires a new apprentice between 1^st April 2021 until 30^th September the amount of £3,000 per apprentice.  Cash boost for apprenticeships

This apprenticeship bonus is an increase on the previous scheme’s terms of £1,500 per new hire or £2,000 for those aged 24 and under. Unlike the previous scheme, the revised scheme is applicable for apprentices of all ages.

These payments are on top of the existing £1,000 that employers get for all new 16-18-year-old apprentices and those aged under 25 with an Education, Health and Care Plan.

• The Kickstart Scheme

The kickstart scheme has been underway since September last year. In February it had a reboot by opening up for employers of all sizes, making it more accessible to smaller businesses, rather than its previous minimum threshold of 30 jobs.

The funding for the scheme covers 100% of national minimum wage for 25 hours a week for a maximum of 6 months, employer NI and auto-enrolment pension contributions plus employers will receive £1,500 per job to support with set up costs i.e. IT equipment or training for the young person.

Employers predominately in sectors such as retail, arts, manufacturing and construction are taking part in the scheme, but it is open to all industry sectors. Should you wish to further explore details of either of these schemes further, please don’t hesitate to get in touch.

• GDPR

The temporary agreement made in respect of processing incoming data from the EU (or bridging period) will end on 30^th June 2021. If the UK does not receive an adequacy decision from the EU on our ‘UK GDPR’ by then, the UK will be considered a ‘third party’ country and companies will need to have adequate safeguards in place (by way of Standard Contractual Clauses) to avoid any interruption to data flows where they are receiving/transferring data from the EU to the UK.

We will ensure we flag with you any major developments that happen between now and then which could impact your GDPR policies or processes.

• Health and Safety

From 31^st May 2021 ‘workers’ gained the right not to be subjected to detrimental treatment for leaving or refusing to return to work if they believe themselves to be in ‘serious and imminent danger’. Previously the right under s44 of the Employment Rights Act 1996 only applied to ‘employees’.

This change follows a High Court decision last autumn in a case involving the gig workers union, the IWGB, that the government had failed to implement the EU Health and Safety Framework Directive properly into UK law by omitting workers from s44 protection. The right is now being used more frequently by employees worried about travelling to or being in work physically during the COVID-19 pandemic.

Our advice here is that it is important to ensure thorough risk assessments of your workplace have taken place in line with the Covid-Secure guidance and protocols which were published by Government last year and, that you consider and consult with both employees and ‘workers’ (i.e. those engaged on casual or temporary positions) in respect of how you are ensuring their health and safety at work.

And finally……

As a valued client, we would like to continue to keep you updated on key topics which we feel would be of interest to you and your business, for example employment related developments and hot topics, details of our online training programmes and our quarterly Employment Law updates. Should you not wish to receive these updates then please let us know.

We would like to take this opportunity to thank you, as always, for your continued support and we hope you have a great summer.

Should you wish to explore any of the topics highlighted in this bulletin, we would be very happy to discuss further with you. Please drop us a note on enquiries@sylobeyondhr.com