Members of staff at Lawson West Solicitors gave food and toiletries to Leicestershire’s Action Homeless charity campaign in December, providing essential items to those living on the streets. More about this important charity can be found here: https://actionhomeless.org.uk/
With the General Election less than 10 days away, we’ve put the parties’ policies on employment law into one simple and easy-to-read article. We have outlined the key manifesto pledges for each party and identified some of the key trends that appear throughout.
We’ve chosen to list the parties alphabetically to maintain neutrality throughout.
Here is a visual overview of the employment law pledges, to read it in full click on the image to enlarge.
create a single enforcement body and crack down on any employer abusing employment law
ensure that workers have the right to request a more predictable contract
encourage flexible working
allow parents to take extended leave for neonatal care, to support those new mothers and fathers who need it during the most vulnerable and stressful days of their lives
look at ways to make it easier for fathers to take paternity leave
extend the entitlement to leave for unpaid carers
we will fund more high-quality childcare before and after school and during the holidays.
increase living wage of £10 per hour for all workers aged 16 or over
compel large companies to give employees 10% ownership of the company (to include payments of dividends)
bring in additional rights for the self-employed, including free childcare, collective income protection insurance schemes and better access to mortgages and pensions
set up a Ministry for Employment Rights, which will roll out (it seems) compulsory collective bargaining on minimum standards for pay and working hours by sector, that every employer will have to follow
give everyone full employment rights from day one on the job
strengthen protection for whistle-blowers and strengthen unfair dismissal rights
clarify worker status
ban zero-hour contracts
require breaks during shifts to be paid
extending statutory maternity pay from 9 months to 12 months
introduce four new bank holidays
re-introduce employer’s liability for harassment by third parties
ban unpaid internships
reduce average working hours to 32 hours per week within ten years
keep employment tribunals free
make State (not individuals) responsible for enforcing equal pay
require workplaces with >50 employees to obtain government certification on gender equality or face fines
require all large employers to have flexible working and menopause policies
introduce 10 days of paid leave for survivors of domestic abuse
extend pay-gap reporting to BAME groups.
expand the rights and benefits available to those in insecure forms of employment, such as offering parental leave and pay to the self-employed
establish an independent review to consult on how to set a genuine Living Wage across all sectors. We will pay this Living Wage in all central government departments and their agencies and encourage other public sector employers to do likewise.
establish a powerful new Worker Protection Enforcement Authority to protect those in precarious work
change the law so that flexible working is open to all from day one in the job, with employers required to advertise jobs accordingly, unless there are significant business reasons why that is not possible
modernise employment rights to make them fit for the age of the ‘gig economy’, including by:
establishing a new ‘dependent contractor’ employment status in between employment and self-employment, with entitlements to basic rights such as minimum earnings levels, sick pay and holiday entitlement.
reviewing the tax and National Insurance status of employees, dependent contractors and freelancers to ensure fair and comparable treatment.
setting a 20 per cent higher minimum wage for people on zero-hour contracts at times of normal demand to compensate them for the uncertainty of fluctuating hours of work
giving a right to request a fixed-hours contract after 12 months for ‘zero hours’ and agency workers, not to be unreasonably refused
reviewing rules concerning pensions so that those in the gig economy don’t lose out, and portability between roles is protected
shifting the burden of proof in employment tribunals regarding employment status from individual to employer
strengthen the ability of unions to represent workers effectively in the modern economy, including a right of access to workplaces.
Across the parties there are a variety of pledges being made; some more realistic than others, some more detailed than others and some more topical than others.
Despite this is there are some common themes covered by all three parties; the need for more uniformed regulation with regards to employment law, improvements to flexible working policies, greater legislation and protection for parents and self-employed individuals.
The general election takes place on Thursday 12 December and once we know who is in power, we will monitor their progress with regards to the employment law policies they have proposed.
If you have any queries in relation to employment, we can help you navigate this complicated area of law and achieve the most suitable resolution to your issue.
Contact Vaishali Thakerar, Head of Employment Law at Lawson West Solicitors for advice and support.
0116 212 1059
Useful Links
Comparison of Party Manifestos – Employment Change Proposals – Comparison PDF to download
Please note that this is a basic overview only and should not be construed or relied upon as advice. Lawson West Solicitors accepts no duty of care to any third party in connection with this summary. Lawson West Solicitors is authorised and regulated by the Solicitors Regulation Authority.
In his latest article, David Heys explores the importance of properly drafted legal paperwork and shares some of his experiences that highlight the risks of cutting corners.
A legal agreement is a bit like a life jacket – you only find out if it is any good until really need to rely on it.
And like a life jacket, what saves you is not the thing itself but the quality of it and the way it is used. Sadly, the current economic climate means businesses are facing hard times, they are struggling to honour their commitments and as result are being met with some difficult decisions. Further, when businesses are tightening their belts instructing a lawyer can be seen as (and sometimes is) an extravagance, especially when so many legal documents are available on the internet at the fraction of the price.
Many of these legal documents are well drafted and perfectly acceptable. The problem is, just as a life jacket has to be the right size and fastened correctly, a legal document has to be the right one for the intended purpose and must be used in properly. Getting it wrong is the equivalent of tying the life jacket around your legs and hoping it will keep your head above water.
The first problem with internet legal documents is that it is difficult to pick the right one (there are literally dozens of leases and shareholder agreements to choose from online). The second problem is that, having selected the document, people then start ‘tweaking’ it which can leave businesses without the level of protection they thought they were getting and with additional problems for the future.
A further issue we see is the increasing number of businesses not bothering with legal documents (even from the internet). Instead, they cobble together a ‘back of a fag packet’ version and hope for the best.
Whether using internet agreements or their own versions, often businesses simply don’t realise the extent of the risks they are taking. To continue the water analogy, you should always know the depth of the water and the strength of the current before jumping in. A well fitted life jacket might be fine in the local river but you wouldn’t use it to cross the Atlantic.
A couple of recent examples include:-
A client came to us with a scrap of paper he had signed saying he would sell his industrial unit. The paper had all the requirements of a binding contract. When he decided to walk away because this was a bad deal the buyer threatened to sue him. We managed to get out client out of this and save his property worth £400,000.
A client sold shares in his company using a shareholder agreement which he downloaded from the internet and then altered. The result is that our client has lost control of his company and now cannot get out of the agreement.
A good business solicitor will not only prepare the right documents but will also look at the transaction as a whole and how it fits in with your business. They will explain the risks you are taking and help you to manage those risks by putting together a ‘Plan B’ in case things go wrong. Of course, good lawyers aren’t cheap but most will give some free initial advice. This also enables them to assess how best they can help you and solicitors carry professional indemnity insurance.
To help you navigate through the choppy waters of business and choose the right legal documents that are fit for purpose, here are my fail-safe tips to remember when entering into any legal arrangement: –
Write down everything that you expect from the agreement i.e. what you will (and won’t) do, what you will be paid or receive and the same for the other party. By doing this it will help you identify possible misunderstandings and therefore risk areas.
Do not sign anything without some sort of legal advice
Try to work out what could go wrong – there might be more than you think (remember you don’t know what you don’t know!)
We appreciate it can be difficult to navigate your way through all of the legal requirements of creating and amending the necessary paperwork. For more information or help with your legal documents please call David Heys on 0116 212 1027.
David Heys is Managing Director and head of Commercial Law at Lawson West Solicitiors.
With offices in Leicester, Market Harborough and Wigston you can arrange an initial meeting with us to find out how we can help you with Parental Contact, Collaborative Law, Divorce or Separation.
Call 0116 212 1000 for our Leicester Office, 01858 445 480 for our Market Harborough Office or 0116 212 1080 for our Wigston Office.
These notes are intended as general guidance only and should not be relied on in any specific circumstances without additional specialist legal advice
