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Barry  Stanton
Barry Stanton,
PARTNER
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Looking ahead - legislation changes and key cases for 2016
08 December 2015

Spring 2016

  • Lock v British Gas case on commission etc being included in holiday pay calculations – was remitted to EAT for a hearing on 8&9 Dec 2015.  We hope to hear the result in early 2016
  • 15 Feb 2016 – Government to publish its response to consultation on restricting overseas recruitment
  • 7 March 2016 – New regulatory regime for individuals in financial sector
  • 1 April 2016 – Living Wage
  • 1 April 2016 – prospective enforcement date of cap on public sector exit payments as contained in Enterprise Bill 2015-2016
  • Early 2016 - Gender pay gap reporting introduced for businesses with 250+ employees
  • Continued roll out of Pensions Auto Enrolment for employers with less than 50 workers.  To be completed by 1 April 2017.

Summer 2016

  • A British Bill of Rights to replace the Human Rights Act – expected to receive Royal Assent in Summer of 2016

Autumn 2016

  • Oct 2016 – Earliest likely date for implementation of Immigration Bill 2015-2016

Other Possible changes in 2016

  • EU Referendum – although this must be before December 2017, there is speculation that the Referendum will take place at some point in 2016
  • Unison Tribunal fee appeal
  • Application being made for leave to appeal to Supreme Court, although it is doubtful they will be successful if their case proceeds
  • USDAW v Ethel Austin (The “Woolworths case”) after the decision of ECJ in April 2015 that the words “at one establishment” should not be disregarded for collective consultations, the case will be remitted back to the Court of Appeal to decide whether, on the facts, a store was an establishment
  • Provisons to implement repayment of public sector exit payments expected – a principle introduced in the Small Business, Enterprise and Employment Act 2015.
  • Cap on public sector exist payments expected – published in the Draft Public Sector Exit Payment Regulations 2016 on 3 November 2015.

To keep up to date, please look out for our webinars on case law and legislation updates coming in Spring 2016!

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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