Employment Law - What to Expect in 2016
We've summarised below a number of the key changes to employment law anticipated in 2016.
New Legislation
Following new regulations which came into force on 11 January 2016, zero hours employees now have the right to sue their employers for unfair dismissal and detriment, if their employer seeks to enforce an exclusivity clause in their contract of employment.
Other legislation expected this year includes the Trade Union Bill, which underwent its second reading on 11 January 2016, the National Living Wage, which will come into force on 1 April 2016, and regulations introducing gender pay gap reporting.
Taxation of Termination Payments
Following the Government consultation on the taxation of termination payments in 2015, the response to the consultation is expected this year.
Holiday Pay
We currently await the Employment Appeal Tribunal's (EAT) decision in the case of Lock v British Gas as to whether commission is to be taken into account when calculating holiday pay for private sector workers.
Whistleblowing and the Meaning of 'In the Public Interest'
This year, the Court of Appeal will consider whether disclosures made in the interest of around 100 senior managers attracted whistleblowing protection in the case of Chesterton Global Limited v Nurmohamed.
The Duty to Consult over Redundancies
In the case of USA v Nolan, the Court of Appeal will consider whether the employer's duty to collectively consult is triggered when they are proposing, but have not yet confirmed a decision that is likely to involve collective redundancies.
Subject Access Requests
Issues surrounding the practicalities of subject access requests are becoming increasingly prevalent in the employment context. This year in the case of Dawson-Damer v Taylor Wessing LLP, the Court of Appeal is expected to provide further clarification in relation to the duty to respond to data subject access requests and the circumstances in which they may be deemed unreasonable or disproportionate.
Tribunal Fees
A further appeal of the judicial review proceedings in the case of Unison v Lord Chancellor is expected to be heard by the Supreme Court this year. Unison has sought to challenge the lawfulness of the introduction of fees in the employment tribunals, but has so far been unsuccessful.
Separately, we await the results of both the Justice Committee inquiry into the effect of tribunal fees, and the Ministry of Justice review, both of which are currently in progress.