Page 11 - NASC Scaffolding Matters - Spring 2022

Spring 2022 Scaffolding Matters | 11

Employment Affairs

Look Ahead for 2022

By Gray Rigge, G & E Services (UK) Ltd

uring the height of the pandemic the All employers are required to conduct ‘right
Government progress on planned to work’ checks for all new employees. During
D changes originating from the ‘Good the pandemic, on a temporary basis, a system
Work Plan’ was put on hold. Now changes to whereby the checks could be carried out digi-
statutory employment practice are coming tally was introduced, which was planned to
back on stream and a new Employment Bill end in April. It has now been announced that
has been scheduled for later this year. digital checks will continue
Among the proposed changes are extend- beyond that date. There will
ing maternity provision. Protection would be a charge to employers During the
commence from the moment an employee introduced for that service in pandemic, on
informs her employer she is pregnant until six respect of UK nationals. a temporary
months after her return to work, (which date From April each year stat- basis, a system
can be after a year on maternity leave). utory minimum wage rates whereby the
Changes to the Flexible Working regula- and statutory benefit rates checks could
tions are proposed, these include introduc- are reviewed.
ing a temporary request, reducing the qual- The main statutory mini- be carried out
ifying service to make an initial request or a mum wage rate, the National digitally was
repeat request where the initial request is Living Wage, (age 23 and introduced,
rejected, reviewing the current scope for an over) will increase to £9.50 which was
employer to refuse a request, and putting a per hour, (+6.6%). planned to
duty on employers to suggest alternatives if The increase to statutory end in April.
the request is rejected. benefit rates is proposed to It has now been
Additionally, a range of changes to post be 3.1% which, as examples,
termination restrictions, (i.e. non-compete would bring Statutory Sick announced that
clauses) are under consideration through Pay to £99.35 per week and digital checks
consultation. There are already certain inclu- Statutory Maternity Pay to will continue
sions which may invalidate such restrictions. £156.66 per week. beyond
Commentators consider that a likely outcome In conclusion, the long that date.
of the consultation is that if post termination running claims against
restrictions are found to be enforceable then Pimlico Plumbers were a part
the old employer will become liable to pay of the early cases that put false self-employ-
some or all the employee’s previous earnings ment and worker status and worker entitle-
for the period of the restriction. ments in the spotlight. The Court of Appeal
There is proposed pension legislation, has found that in the specific circumstances
which would expand the application of of a worker denied paid statutory holiday, that
auto enrolment for Workplace Pensions. a claim against the employer may be made for
The proposal would reduce the minimum all statutory holiday since undertaking work
age to eighteen and do away with the mini- for Pimlico Plumbers, (which amounted to 24
mum earnings threshold. That would result weeks). This is also significant in that where
in young people and part time employees such claims, (for unlawful deduction from
being able to save for their eventual pension wages), have previously been properly made
but would give a greater cost to employers and upheld, there has been a limit of two years
in contributions. for recovery of loss.