2018 – Looking ahead

2018 is already shaping up to be an eventful year in the world of employment law! In addition to a number of important cases heading to appeal hearings this year, particularly relating to the ‘gig economy’ and shared parental leave, there are some other key dates and developments just around the corner…

January 2018

This month the Employment Appeal Tribunal will consider the case of Hextall v Leicestershire Police and decide whether sex discrimination occurs if mothers on maternity leave are given full pay whereas partners taking Shared Parental Leave only receive pay at the statutory level.

February 2018

The Supreme Court is due to hear the case of Pimlico Plumbers v Smith – deciding whether a plumber has “worker” status, entitling him to holiday pay and other rights.

              30 March 2018               

We’ve already seen some interesting outcomes from gender pay reports published by large employers, but we can expect a flurry of interest after public sector employers with 250 or more employees are required to publish their first GPG reports by this date (with a snapshot date of 31 March 2017). 

                         April 2018                           

New Minimum Wage, Living Wage and Statutory Maternity, Paternity, Adoption and Shared Parental Pay rates apply – see our 2018 Rates & Limits card.

                     4 April 2018                       

More GPG activity when private and voluntary sector employers with 250 or more employees need to publish their first gender pay gap reports (with a snapshot date of 5 April 2017). 

                    6 April 2018                       

All payments in lieu of notice (including those which fall outside contractual terms), are to be treated as earnings and subject to income tax and national insurance contributions. It is also expected that employer National Insurance Contributions will apply for all settlement payments above £30,000 – currently such payments are only subject to income tax. 

May 2018

The Supreme Court will consider the case of Lee v McArthur & Ashers Baking Company and decide whether the bakery unlawfully discriminated on the grounds of sexual orientation when they refused to bake a cake with the slogan “Support Gay Marriage” for a gay man. 

                     25 May 2018                     

The General Data Protection Regulation (GDPR) will come into effect for all EU member states, including the UK (despite Brexit). The GDPR replaces existing data protection law across the EU and will require employers to ensure that their data protection policies and practices are compliant ahead of its implementation. As well as being aware of much higher penalties (up to four per cent of global turnover or €20 million, whichever is higher), employers also need to ensure that they comply with the tighter rules on how candidate and employee data is collected and handled.

 October 2018

A group of mainly female retail employees from Asda head to the Court of Appeal to find whether they are entitled to compare themselves to a group mainly male distribution depot employees for the purposes of deciding whether they are carry out ‘work of equal value’ for equal pay purposes.

  November 2018

The Court of Appeal will hear the case of Uber v Aslam to consider whether drivers are workers for the purposes of National Minimum Wage and holiday pay.

Get in touch if you have any questions regarding these changes and how they could affect you or your business.

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