Irwin Mitchell | Employment Law Update | Legislation Tracker 2016

What does 2016 have in store?

1 January


“Prescribed persons” are required to produce annual reports of whistleblowing disclosures (without identifying the worker who made the disclosure, their employer or other person about whom the disclosure was made).

11 January

Zero hours contracts

Regulations came into force which provides the right to unfair dismissal protection for employees working under a zero hours contract, who are dismissed because the employee has failed to comply with an exclusivity clause.


Recruitment agencies

The Government intends to reform the regulation of recruitment agencies.

1 April

National Living Wage

National Living Wage for workers aged 25 and over will be introduced at the rate of £7.20 per hour.

6 April

Statutory payments for SMP

There will be no increase in the weekly rates. These will remain as follows:

  • SMP, SAP, PP and ShPP - £139.58 per week
  • Sick pay - £88.45 per week.

Date TBC (but expected in April)

New unpaid award penalties

Business that do not pay Tribunal Awards made against them will be subject to a penalty notice of 50% of the outstanding amount, subject to a £100 minimum and £5,000 maximum.

Date TBC

Trade unions

Proposed trade union reforms expected to take effect.

Date TBC

Exit payments for apprenticeships

The Enterprise Bill 2015-16 will introduce:

  • A £95,000 cap on exit payments made to public sector workers to end six-figure payoffs
  • Regulations to restrict the use of the word “apprenticeship” to Government-accredited schemes and to increase the number of public sector apprenticeships offered.

Date TBC

Gender Pay Reporting

Section 78 of the Equality Act 2010 enables the Government to make regulations requiring employers with over 250 employees to publish their gender pay gap. The Government’s response to the consultation is expected soon.

Employment Law Update - February 2016