Employment Law Update Summary – January 2022

Employment Law Update Summary – January 2022

One of the benefits for being a member of My People Partner is that you receive an in-depth Employment Law Update at the start of every month.  What follows is a summary of the January 2022 report.

What to expect in 2022?

National Minimum Wage and National Living Wage

The following rates (per hour) will apply from 1 April 2022:

New statutory rates of pay from April 2022

The statutory rates for maternity pay, paternity pay, shared parental pay, adoption pay, parental bereavement pay, and sick pay are expected to rise in April 2022 as follows:

  • NLW for those over 23: £9.50.
  • NMW for those aged 21 to 22: £9.18.
  • NMW for those aged 18 to 20: £6.83.
  • NMW for those aged under 18: £4.81.
  • Apprentice Rate: £4.81.
  • Accommodation offset rate: £8.70

New statutory rates of pay from April 2022

The statutory rates for maternity pay, paternity pay, shared parental pay, adoption pay, parental bereavement pay, and sick pay are expected to rise in April 2022 as follows:

  • Statutory Maternity Pay: £156.66, or 90% of the employee’s average weekly earnings if this figure is less than the statutory rate. This is expected to rise on 3 April.
  • Statutory Paternity Pay and Statutory Shared Parental Pay: £156.66 (or 90% of the employee’s average weekly earnings if this figure is less than the statutory rate). This is expected to rise on 3 April.
  • Statutory Adoption Pay: £156.66. This would mean that, from 3 April 2022, statutory adoption pay is payable at 90% of the employee’s average weekly earnings for the first six weeks, with the remainder of the adoption pay period at the rate of £156.66, or 90% of average weekly earnings if this is less than £156.66.
  • Statutory Parental Bereavement Pay: £156.66.
  • Statutory Sick Pay: £99.35 from 6 April 2022.

To be entitled to these statutory payments, the employee’s average earnings must be equal to or more than the lower earnings limit, which is expected to rise to £123.

Skills and apprenticeships

  • There will be an enhanced recruitment service by May 2022 for small and medium-sized enterprises (SMEs), helping them hire new apprentices.
  • By April 2022, the government will consider changes to the provider payment profiles aimed at giving employers more choice over how the apprenticeship training is delivered and explore the streamlining of existing additional employer support payments so that they go directly to employers.
  • The government will be introducing a return-on-investment tool in October 2022 to ensure employers can see the benefits apprentices create in their business.
  • The £3,000 apprentice hiring incentive for employers would be extended until 31 January 2022.

Temporary visa scheme for HGV drivers

This is due to end on 28th February 2022.

Right-to-work checks

The temporary measures on right-to-work checks that has been in place from 30th March 2020 to allow employers to conduct checks without seeing the individual face to face is due to end on 5th April 2022.

Platinum jubilee

The government has announced an additional bank holiday in 2022 (Friday 3rd June), to celebrate the Queen’s platinum jubilee. In addition, the late May bank holiday has been moved to Thursday 2nd June.

Carer’s leave

In September 2021, the government confirmed that it will introduce a new statutory right of up to one week (five working days) of unpaid carer leave per year “when Parliamentary time allows”.

Tipping, gratuities, cover, and service charges

In September 2021, the government announced that the following measures will be brought forward “when Parliamentary time allows”:

  • Requirements for employers in all sectors not to make any deductions from tips received by their staff, including administration charges, other than those required by tax law.
  • Requirements for employers to distribute tips in a way that is fair and transparent, with a written policy on tips, and a record of how tips have been dealt with. Employers will be able to distribute tips via a tronc, and a tip must be dealt with no later than the end of the month following the month in which it was paid by the customer.
  • Provisions to allow workers to make a request for information relating to an employer’s tipping record. Employers will have flexibility in how to design and communicate a tipping record but should respond within four weeks.
  • Requirements for employers to have regard to a statutory Code of Practice on Tipping.

Members of the My People Partner programme also received information relating to:

  • Covid-19 – Plan B – a summary of the measures that were put into place by the UK Prime Minister in December following the spread of the Omicron variant.
  • Statutory Sick Pay – details relating to the new temporary regulations (up to 26th January 2022) in which an employee will not be required to provide medical information for the first 28 days of any spell of incapacity for work.
  • Statutory Sick Pay Rebate Scheme (SSPRS) – from 21st December 2021 the SSPRS returned for small employees who are claiming for an employee eligible for sick pay due to Coronavirus.
  • Repayment of CJRS Grants – HMRC updated its guidance in early December 2021 how businesses can pay back all or part of any overclaimed grants.
  • Volunteering Guidance – how to involve volunteers safely and effectively in their work during the COVID-19 pandemic.
  • Workplace health and safety for pregnant women during the pandemic – details relating to the newreport by Maternity Action, Unsafe and Unsupported: workplace health and safety for pregnant women in the pandemic.
  • Hybrid working guidance – a summary of the guidance issued by the CIPD on flexible working.
  • Case Law
    • Striking workers were protected from detriment

Go to My People Partner for more information on the programme or for advice on employment law and HR matters


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