Hand Morgan & Owen Employment Bulletin – Spring 2019
The Vento Guidelines deal with the compensation payable for injury to feelings in a discrimination claim. They are used to determine a level of compensation for the distress or anxiety that a worker or employee may have suffered as a result of discrimination. They originate from the Court of Appeal case of Vento v Chief Constable of West Yorkshire Police which set out a three Band scale of damages.
These are now updated and the new Bands are as follows;
- Lower Band (less serious cases): £900 – £8,800
- Middle Band from £8,800 to £26,300
- Upper Bank (the most serious cases): £26,300 – £44,000
These figures apply to cases presented on or after 6 April 2019.
NATIONAL MINIMUM WAGE RATES
From 1 April 2019 the National Minimum Wage Rates have increased as follows;
- For workers aged 25 or over from £7.83 to £8.21 per hour
- For workers aged 21 to 24 from £7.38 to £7.70 per hour
- For workers aged 18 to 20 from £5.90 to £6.15 per hour
- For workers aged 16 and 17 from £4.20 to £4.35 per hour
- For apprentices aged 19 or in the first year of their apprenticeship from £3.70 to £3.90
LIMITS ON TRIBUNAL AWARDS AND STATUTORY PAYMENTS
From 6 April 2019 there has been an increase on compensation limits for Tribunal Awards and other statutory payments.
The calculation of a week’s pay for the purposes of a statutory redundancy payment or the Basic Award in the Employment Tribunal has had its cap increased from £508 to £525. This means that the maximum statutory redundancy payment is now £15,750.
The maximum Compensatory Award for unfair dismissal has also been increased at the same time (this deals with compensation for loss of earnings and other contractual benefits) from £83,682 to £86,444.
MODERNISATION OF TRIBUNALS
Sir Ernest Ryder, Senior President of Tribunals , has set out an innovation plan for the modernisation of the Tribunals (which includes the Employment Tribunal and Employment Appeals Tribunal) and a copy of this can be found on this link https://www.judiciary.uk/wp-content/uploads/2019/04/InnovationPlanFor2019-20Copy.pdf
The proposals include;
- Introducing digital case files
- The provision of a library of templates for the production of orders, notices, standard letters and documents
- The digital recording of all proceedings in Tribunals to allow transcripts of proceedings to be produced where required
The purpose of this modernisation is to reduce spending and staff levels. It is hoped (by the Tribunal Service) that it will be implemented within the next two years.
STATEMENT OF PARTICULARS
All employees are entitled to receive a statement of their employment particulars setting out their main employment terms (including things such as the employer’s details, job title, pay, hours and holiday entitlement). These should be received within the first two months of their employment.
With effect from April 2020 this is now to be extended to workers as well as employees. (A worker is somebody who does not operate under a Contract of Employment, and in theory can send a substitute to undertake work in their place and refuse work).
There will also be an expansion of the information now required to include;
- Days of the week that employees and workers are required to work and how these hours may be varied
- Details of all paid leave (not just sick leave)
- Details of all benefits to be provided by the employer (not just pay)
- Details of any probationary period
- Any training entitlements/requirements
15 April 2019
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For advice and assistance in respect of Employment matters contact Nigel Pepper, Consultant or Patrick Nelson, Associate on 01785 211411.
The contents of this article are for the purpose of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.