News 10 - 17 Jan 2019

This week we take a look at some the changes likely to impact on employment law in 2019.

There will be various procedural reviews ranging from the ACAS Early Conciliation scheme and flexible working to the initial impact of the Modern Slavery Act 2015.  In addition to the annual increases in the National Minimum Wage & Statutory Payments there will be continuing gender pay gap reports and a revised Corporate Governance Code. (1)

From April legislation comes into effect to address the long overdue issue of ‘itemised payslips’.  Employers will be required to not only supply payslips but specifically they must detail both gross and net pay, the total number of hours worked and provide coherent details of amount and reason for any deductions. (2)

There are expectations within the legal community that 2019 will see an increase in uptake of Shared Parental Leave which was introduced in 2015 but has so far seen a lower than expected uptake.  Critics have argued that this is in some part due to the complexity of the process.  But recent Case Law has provided some clarity to the fog and despite current take up being perhaps as low as 2%, according to a recent government survey, once Case Law begins to actually reflect the current dynamic of ‘the family’, that uptake is expected to rise. (3)

A final note to watch for this year is the introduction of the new, and increasingly popular ‘Brexit Contract’.  With the New Year celebrations over and the prospects of a ‘no deal’ looking increasingly likely, the financial sector has reputedly moved rapidly to export its most vital assets to the safety of Europe.  Stories began to trickle out about such moves towards the end of 2018, but since the Prime Minister’s disastrous start to the New Year, the trickle has evolved into a flood.  In the face of both ‘no deal’ and a government now devoid of power, imagination and authority, Bank of America, Morgan Stanley and Goldman Sachs to name but a few have moved quickly and in some cases given their staff simply days to decide whether to stay or go.  So 2019 is expected to see this trend continue at pace, thus proving that in times of crisis, if you want to know what’s really going on, just ‘follow the money’.(4)

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