Introduction

There have been a number of GB Developments in the last few months that highlight the growing gap between NI and GB employment laws. With that in mind we thought it would be useful to provide readers with an update on some of the most important recent changes.

Family Friendly Changes

We have seen a plethora of family-friendly legislation introduced of late, mainly to coincide with the introduction of shared parental leave and pay from April next year. The following legislation allows for the appropriate lead-in for qualification periods etc in GB:

The Draft Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014 came into force on 1st October 2014. The Regulations allow eligible women to curtail their statutory maternity pay to enable them to take statutory shared parental pay in accordance with section 171ZU of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”). The Regulations also allow eligible women to curtail their statutory maternity pay to allow their partner (which includes their spouse or the child’s father) to take statutory shared parental pay in accordance with section 171ZU of the 1992 Act, or statutory shared parental leave in accordance with section 75E of the Employment Rights Act 1996.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300789/bis-14-716-draft-smp-and-sap-period-curtailment-regs-2014.pdf

The Paternity and Adoption Leave (Amendment) Regulations 2014
The amendments made by these Regulations ensure that paternity leave cannot be taken in relation to a child where shared parental leave has already been taken in relation to that child. The Regulations remove the current requirement for a qualifying period of service of 26 weeks before an employee is entitled to adoption leave.

In addition, the Regulations introduce protections for employees who suffer a detriment or are dismissed in relation to time off for ante-natal or adoption appointments.
http://www.legislation.gov.uk/uksi/2014/2112/contents/made

In relation to Northern Ireland, the Assembly on 17th June considered and agreed a motion to extend the Committee Stage of the Work and Families Bill until 30 November 2014:
http://bit.ly/1lnmNBj

Childcare Payments Bill 2014-15

Under Section 2(2) the purpose of this act is to provide childcare costs in order to enable the parent to work. The Bill had its second reading before the House of Commons recently and has now been sent to the Public Bill Committee for consideration. The Bill introduces a new tax-free childcare scheme to support eligible parents with childcare costs.

As such:
i) the Government would provide 20 per cent support on costs up to £10,000 per year for each child via an online account
ii) the Government would top up any payments made into the account, capped at a maximum Government contribution of £2,000 a year for each child.

This Bill extends to the United Kingdom. In relation to Northern Ireland, however, the Bill requires a Legislative Consent Motion of the Northern Ireland Assembly. Read more:
http://services.parliament.uk/bills/2014-15/childcarepayments.html

Tribunal Fees

Tribunal Fees continue to hit the headlines months after they were introduced and challenges continue to their introduction.
Unison’s challenge to the introduction of employment tribunal fees will go to the Court of Appeal, after the trade union was given permission to appeal against the High Court’s ruling that there is insufficient evidence to suggest that tribunal fees are unfair. More from Personnel Today:
http://www.personneltoday.com/hr/unison-allowed-appeal-employment-tribunal-fees-challenge/

Recent research conducted by CAB show that costs associated with employment tribunals are 'putting people off' valid claims.
http://www.thehrdirector.com/legal_updates/legal-updates-2014/cab-research-shows-employment-tribunal-costs-putting-people-off-valid-claims/

This research highlighted that 7 in 10 potentially successful cases are not pursued by people at Employment Tribunals. Only 14% with valid claims are definitely being taken forward. More from Citizens Advice:
http://www.citizensadvice.org.uk/index/pressoffice/press_index/press_20140727.htm

A survey commissioned by the Government also found that 49% of claimants would reconsider bringing a claim to the EAT due to the fee.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/316704/bis-14-708-survey-of-employment-tribunal-applications-2013.pdf

This article on the impact of tribunal fees in GB from the Guardian continues to attack the coalition government for their introduction:
http://www.theguardian.com/money/2014/aug/17/workers-cant-fight-employment-tribunals

NOTE: Tribunal fees will not be taken forward in Northern Ireland at this time but increased use of deposit orders appears to have reduced number of weak claims moving to full hearing.

Discrimination Law

GB has, of course, a consolidated Equality Act 2010 and, as the number of cases taken under that legislation, together with legislative amendments, grow the differences between NI employment equality laws and those in GB also grow. Here are some recent developments outside legislative changes:

Sex Discrimination

According to recent research, the number of sex discrimination claims going to employment tribunals in GB has reached the highest level in four years. The research noted how sex discrimination claims now make up 55% of discrimination claims, up from 38% two years ago. The overall number of sex discrimination claims reached 13,722 in 2013/14. Read more from the Law Gazette:
http://www.lawgazette.co.uk/law/sex-discrimination-cases-hit-four-year-high/5042392.article

Equality on Boards

The Equality and Human Rights Commission published guidance on the equality law framework within which appointments to boards must be made.
http://www.equalityhumanrights.com/legal-and-policy/our-legal-work/inquiries-and-assessments/inquiry-recruitment-and-appointment-practices-company-boards/legal-guide-recruiting-more-women-board-level

Equal Pay Reports

Employers with more than 250 staff would be legally required to publish the extent of their gender pay gap under plans in the Liberal Democrat’s manifesto. The report doesn't say what the Tory Ministers think:
http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2014/07/21/compulsory-equal-pay-reports-proposed-by-liberal-democrats.aspx?utm_medium=email&utm_source=cipd&utm_campaign=pmdaily&utm_content=210714_news_3

Employing People with Disabilities

Nearly 7 million people of working age in the UK are disabled or have a health condition. The DWP has published new guidance - Employing disabled people and people with health conditions - which applies to GB, although much of the practical advice contained therein could be taken up by NI employers:
https://www.gov.uk/government/publications/employing-disabled-people-and-people-with-health-conditions/employing-disabled-people-and-people-with-health-conditions

Whistleblowing

Whistleblowing continues to develop in GB and Ireland have just introduced far-reaching legislation. In NI, whistleblowing is part of the DEL consultation that ended on 5th November 2013. Our Minister in NI is reviewing policy options.
http://bit.ly/1br0Ixm

DEL Officials are considering options in respect of annual reporting and other public interest disclosure amendments.

Back to GB, employees who blow the whistle on wrongdoing in the workplace will receive more information and support under new measures to strengthen whistleblowing legislation announced by Employment Relations Minister Jenny Willott. The changes include:

•  improved guidance on how whistleblowing works for employees
•  a new best practice guide to whistleblowing policies for employers
•  reviewing the effectiveness of the current process for referring a case to the appropriate regulator
• the introduction of a duty on prescribed persons (e.g. regulators) to report annually on the number of cases they have received and whether these have been investigated
• updating the prescribed persons list, including designating MPs as a prescribed person (see below)
• giving relevant groups (e.g. student nurses) whistleblowing protections

To read the Government response:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/323399/bis-14-914-whistleblowing-framework-call-for-evidence-government-response.pdf

To read a Statement from the Department:
https://www.gov.uk/government/news/government-takes-action-to-support-whistleblowing

If a worker feels they can’t tell their employer about suspected wrongdoing at work, they can contact a prescribed person. These are mainly regulators that include other bodies and individuals such as MPs. BIS has issued a consultation document 'Prescribed persons: annual reporting requirements on whistleblowing'. This consultation seeks views on the practical implementation of a legal power in the Small Business, Enterprise and Employment Bill, which will require certain prescribed persons to report annually on the whistleblowing disclosures that they receive. The consultation closes on 30 September:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/340298/bis-14-962-consultation-prescribed-persons-annual-reporting-requirement-on-whistleblowing.pdf

Zero Hours Contracts

The GB Small Business, Enterprise and Employment Bill 2014-15 will remove ‘exclusivity’ clauses in zero hours contracts.
http://bit.ly/1mMMBrx

In NI, a public consultation was issued on 23 June and ends on 29 Sept 2014:
http://bit.ly/UA14w7

See Legal-Island’s submission:
http://bit.ly/Y3ubcR

Northern Ireland specific research on the use of zero hours contracts has also been initiated. This further qualitative and quantitative research will be taken forward in parallel with the public consultation.