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Day 1 entitlement for sick pay from April 2026.

Wed, 14 Jan 2026 10:12:08 GMT

SSP changes from April 2026

From April 2026, the UK government is introducing reforms to Statutory Sick Pay (SSP) to make it more accessible and to ensure employees receive financial support from the start of sickness absence.

Day-one SSP : Paid from the first day of sickness (no waiting days).
Wider eligibility : Lower Earnings Limit removed which means more low-paid and part-time workers qualify.
How it’s paid : SSP = lower of 80% of average weekly earnings or the statutory rate .
Rate : Statutory weekly rate still set annually (exact figure confirmed each tax year).
Who’s affected : Most employees, including those previously excluded due to low earnings.
What employers need to do : Update payroll systems , absence policies , and cost planning .

More than 20 or more redundancies? Here's whats's new.

Fri, 09 Jan 2026 13:27:20 GMT

Collective Redundancies

Collective Consultation in Redundancy: What’s Changed?

What is Collective Consultation?

Collective consultation is a statutory process employers must follow when proposing to make 20 or more redundancies at one establishment within a 90‑day period. The aim is to consult with employee representatives about ways to:

Avoid redundancies
Reduce the number of redundancies
Mitigate the consequences of redundancies

Failure to comply can result in significant financial penalties.

What Are the New Rules?

Recent legal developments have clarified how collective consultation thresholds should be assessed.

Key Change

The requirement to collectively consult is now triggered by the total number of redundancies across the organisation , not just at a single site, where dismissals are connected.

This means:

Employers must look beyond individual workplaces
Redundancies forming part of the same proposal may need to be aggregated
Collective consultation may be required more often than previously thought

When Does Collective Consultation Apply?

Collective consultation is required when:

20 or more redundancies are proposed
Within a 90‑day period
Where dismissals are part of the same proposal , even if spread across locations

Who Must Be Consulted?

Employers must consult with:

A recognised trade union, or
Elected employee representatives

Consultation must be meaningful and take place before final decisions are made .

Minimum Consultation Periods

The minimum consultation periods remain unchanged:

20–99 redundancies: at least 30 days before the first dismissal
100+ redundancies: at least 45 days before the first dismissal

Employers must also notify the Secretary of State using form HR1 .

Risks of Getting It Wrong

If collective consultation obligations are breached:

Employment Tribunals can award a protective award of up to 90 days’ gross pay per affected employee
Reputational damage and employee relations issues may arise

Practical Steps for Employers

Review redundancy proposals across the whole business
Identify whether redundancies are connected
Start consultation early
Keep clear records of decision‑making and consultation
Take legal advice where thresholds may be met

How WH Legal Can Help

We advise employers on:

Redundancy planning and compliance
Collective consultation obligations
Election of employee representatives
Risk management and dispute avoidance

If you are planning redundancies, early advice can significantly reduce risk.

WH Legal
Employment Law Specialists

Disclaimer: This fact sheet is provided for general information purposes only and does not constitute legal advice. No action should be taken, or refrained from, on the basis of this information without seeking specific legal advice from WH Legal in relation to your individual circumstances. WH Legal accepts no responsibility for any loss arising from reliance on this document without such advice.

New Unfair Dismissal Rules

Mon, 22 Dec 2025 18:58:01 GMT

Employee rights after six month's service

The Employment Rights Act 2025: A Major Shift in Unfair Dismissal Laws

In December 2025, the UK Parliament passed the Employment Rights Act 2025, marking a radical overhaul of employment law. This reform strengthens protections for employees and modernises the workplace, with one of the most significant changes being the shift in unfair dismissal laws.

New Qualifying Period for Unfair Dismissal

Under the current law, employees must have two years’ continuous service to bring a claim for unfair dismissal. The new law reduces this to just six months of continuous employment, allowing more workers to challenge unfair dismissals much sooner.

This change takes effect 1 January 2027. After that, employees with six months’ service will be able to claim unfair dismissal, lowering the bar for legal redress.

Abolition of the Compensation Cap

The Act also removes the compensation cap for unfair dismissal claims. Under the current law, awards are capped at the lower of 52 weeks’ salary or a statutory maximum (currently around £118,000). The new law allows uncapped compensation, meaning employees could receive significantly higher awards, especially in cases involving lost future earnings, pensions, or bonuses.

Employers will face greater financial risk as a result, especially in high-stakes cases. The mechanics of the uncapped compensation are still being finalised but employers should prepare for increased liability.

Why This Matters

For Employees:

Faster Access to Protection: With the qualifying period reduced to six months, more employees can challenge unfair dismissals sooner.
Higher Compensation: The removal of the compensation cap means awards could more accurately reflect the full financial impact of dismissal.

For Employers:

Increased Risk: With the six-month threshold and uncapped compensation, employers face higher exposure to claims and larger potential payouts.
Proactive Management: Employers will need to improve performance management and ensure procedural fairness from the outset to avoid costly dismissal claims.
Rising Tribunal Caseload: The reform is likely to lead to a surge in claims, further burdening the already overloaded tribunal system.

Looking Ahead

The Employment Rights Act 2025 is part of a broader package of changes, including enhanced family-friendly rights, statutory sick pay from day one, protections against fire-and-rehire tactics, and improved rights for workers on zero-hours contracts.

Employers need to start preparing now for the impact of these changes. Updating policies, refining performance management practices, and ensuring compliance will be key to navigating the evolving legal landscape as these reforms take effect in 2027.

Risks of settlement talks.

Thu, 12 Dec 2024 11:03:54 GMT

Sign this or be sacked!

A settlement agreement is a legally binding agreement between the employer and employee that can resolve potential workplace disputes.

There are often circumstances where, in the face of a potential dispute, parties can mutually agree settlement terms which will result in an employee waiving their employment rights, in consideration for a financial payment. Until the agreement is signed, all discussions and offers, can remain off the record and parties cannot be held accountable for any provisional offers or concessions that have been made. These discussions are often referred to as without prejudice.

There are however, risks of without prejudice discussions being unprotected, if the purpose of these discussions, are abused or used as a veil to pressure an employee to accept terms. In these circumstances, the without prejudice protection is removed leaving an employer exposed to allegations of unfair dismissal.

An employer's conduct during settlement discussions could be deemed improper if it is used as tactic to pressure an employee into accepting the terms offered. If the employee is warned they would be sacked if they did not agree to the employer's offer, the employee could argue that any dismissal was therefore pre-determined, exposing an employer to an unfair dismissal claim.

Remote Working

Tue, 04 Jun 2024 12:56:47 GMT

Employment experts foresee an increase in employment tribunal cases brought by employees as a result of employers requiring employees back into the office, full time. Those who try to avoid days in the office may be faced with their employers using entry-gate data to track staff attendance.

The Telegraph reports that a number of companies are now advocating a full five-day return to the office, with others enforcing a minimum number of days in the workplace. Administrative staff at Boots, who previously worked in the office three days a week, will be required to return to the office five days per week from September.

Earlier this year, an Employment Tribunal rejected the case of a senior manager who claimed against her employer, the Financial Conduct Authority, because she wanted to work at home full-time. Judge R Richter ruled that the FCA was within its rights to reject the employee's request stating that there are “weaknesses with remote working.....which will no doubt be the subject of continued litigation.”

Is working from home so bad? According to KPMG’s 2023, CEO Outlook Survey ( Current trends in remote working (kpmg.com) , attracting and retaining talent is a top operational priority for CEOs to achieving their 3-year growth objectives and believe that remote working can play an important role in supporting talent retention and accessing new talent markets.

There will no doubt be an increased number of claims brought against employers as remote working dissipates and employer's start to change the working dynamics.

Menopause

Tue, 27 Feb 2024 09:23:29 GMT

Menopause symptoms can have a significant impact on women at work.

Research by the Chartered Institute of Personnel and Development found that two thirds of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work. Of those who were negatively affected at work:

79% said they were less able to concentrate.
68% said they experienced more stress.
nearly half (49%) said they felt less patient with clients and colleagues, and
46% felt less physically able to carry out work tasks.

Baroness Kishwer Falkner, chair of the EHRC, said: “As Britain’s equality watchdog, we are concerned both by how many women report being forced out of a role due to their menopause-related symptoms and how many don’t feel safe enough to request the workplace adjustments."

Discrimination

There are nine protected characteristics under the Equality Act 2010. Menopause isn’t one of them. However, age, disability and sex are all characteristics which provide protection against unfair treatment of employees going through the menopause.

Employees and workers are protected from being put at a disadvantage or treated less favourably because of their age. This could include less favourable treatment because they're going through the menopause, because it is usually related to the age of the person.

The equality watchdog’s Menopause in the workplace: guidance for employers states that menopause symptoms can be considered a disability if they have a long-term and substantial impact on a woman’s ability to carry out normal daily activities.

Employers should also be aware that unwanted behaviour about someone's menopause symptoms could count as harassment or sexual harassment depending on the nature of the behaviour.

Reasonable Adjustments

New menopause guidance for employers from the Equality and Human Rights Commission (EHRC) has emphasised the need for reasonable adjustments where a worker’s symptoms amount to a disability.

Employers have a legal obligation to make reasonable adjustments in the case of disability, and they must ensure they do not directly or indirectly discriminate against a woman – or any employee – because of a disability. Direct Line has been ordered to pay a former employee almost £65,000 after it failed to make reasonable adjustments when her role was affected by menopause symptoms. The EHRC also recommends that:

flexibility around start and end times should be considered to support women, particularly if their sleep has been disrupted
working from home should be allowed where possible
Disciplinary action resulting from menopause-related absence could be considered unlawful.
workplace environment, such as room temperature and ventilation, should be considered
rest areas or temperature-controlled areas should be introduced where possible, and uniform requirements should be relaxed to avoid any disadvantaging menopausal women.

Health & Safety

Under health and safety legislation, employers have a legal obligation to conduct an assessment of workplace risks, which should take into account the risks to menopausal women and enable to determine what reasonable adjustments should be made.

A report from the Fawcett Society claims that Workplaces are failing menopausal women and that a change is urgently needed. It reports that 1/10 women who worked during the menopause have left a job due to their symptoms and 8/10 women say their employer hasn’t shared information, trained staff, or put in place a menopause absence policy.

Get compliant and support your staff in the best way possible. Call us for a advice and a FREE menopause policy.

Wage Increases from April 2024

Sun, 11 Feb 2024 12:45:36 GMT

The Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will come into force from April 2024. The rates which will apply from 1 April 2024 are as follows:

NMW Rate Increase:

National Living Wage (21 and over) £11.44

18-20 Year Old £8.60

16-17 Year Old £6.40

Apprentice Rate £6.40

Accommodation Offset £9.99

Sexual Harassment

Sun, 11 Feb 2024 12:32:42 GMT

New mandatory duty on employers to prevent sexual harassment in the workplace – get prepared.

In response to a consultation in 2021, the Government pledged to introduce measures aimed at preventing instances of sexual harassment in the workplace. This included the introduction of a mandatory duty on employers to prevent sexual harassment in the workplace.

Accordingly, new legislation was passed at the end of 2023 to introduce these changes, which will take effect in October this year.

This enforces a positive duty on employers to take reasonable steps to prevent sexual harassment. In addition, Employment Tribunals will be given the power to uplift compensation for sexual harassment by up to 25% if the employer is found to have failed in its duty to prevent the conduct. A defence would be available to employers who had taken “all reasonable steps” to prevent such acts taking place.

Employers should begin a review of their existing policies to ensure they are up to date. A claim that this duty was not taken seriously is likely to leave the employer having to prove the continuing work they are doing in this area and that robust policies are in place.

What to do now:

Review your policies.

Draft and update your handbook.

Training staff on the expectation of a zero-tolerance culture and high standards of conduct.

Staff survey to determine if staff feel confident to report incidents, and if not why not.

Designated members of staff to deal with conduct issues.

CASELAW FOCUS - Unfair Dismissal - Redundancy - Failure to Consult

Mon, 08 Jan 2024 14:02:42 GMT

The EAT has held that an employee’s redundancy dismissal was unfair where the employer failed to carry out meaningful workforce consultation at a formative stage.

The respondent company carried out a scoring exercise using a standard set of subjective criteria. The claimant scored lowest in out of three in his pool. The respondent then met with the claimant three times before dismissing for redundancy. No consultation took place with the workforce prior to the scoring exercise.

The EAT held that there was a clear absence of consultation at the formative stage, which meant there was no opportunity to discuss different approaches to any aspect of the employer’s redundancy process. The decision underlines the importance of appropriate workforce consultation, even where collective consultation obligations are not triggered.

De Bank Haycocks v ADP RPO UK Ltd [2023] EAT 129

Part Year & Irregular Hours workers' holiday entitlement from April 2024

Mon, 08 Jan 2024 13:15:59 GMT

What are Part-Year and Irregular workers and how is their holiday entitlement calculated?

What are the changes?

Regulations have been introduced to address the absence of a statutory method for calculating holiday entitlement for irregular hour and part year workers.

What's the relevant Legislation?

Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023

When does it start?

For holiday periods from April 2024. Companies whose holiday period start in January 2024 need to wait until January 2025.

What is a Part Year Worker?

Someone is a part-year worker if they are contractually required to work only part of a particular holiday year and there are periods within that year (during the term of the contract) of at least a week that they are not required to work and for which they are not paid. This will include some term-time workers, for example.

Melanie, a seasonal worker in the farming industry who only works and gets paid during spring and summer months. Melanie would qualify as a part-year worker if her contract reflects that there are periods of time that last more than a week when she is not contracted to work and does not receive pay.

What is an irregular hour worker?

Kevin, a hospitality worker who works a different number of hours each week. Kevin would qualify as an irregular hours worker if his contract says that the hours he works will be wholly or mostly variable in each pay period. Kevin’s contract could be a ‘casual’ contract, otherwise known as a zero-hours contract.

When so you calculate from?

For holiday years beginning on or after 1 April 2024, holiday entitlement will accrue on the last day of each pay period at the rate of 12.07% of the number of hours that they have worked during that pay period, rounded up to the nearest hour. For example, if a monthly paid worker works 100 hours in a month, they will have accrued 12 hours of annual leave. Where the amount of annual leave that has accrued in a particular case includes a fraction of an hour, where the annual leave accrued is less than 30 minutes it will be treated as zero and it will be treated as one hour if it is 30 minutes or more.

Multiply the total hours worked by 12.07% to give the worker's total annual statutory holiday entitlement in hours.

How much can be accrued?

No more than 28 days, per year.

Need some more help and advice on this? Click on the contact tab above.

NHS Strike Action

Fri, 30 Dec 2022 15:02:08 GMT

Strike Action - what's going on?

Trade unions are representing NHS staff are in a dispute with the government over the 2022/23 pay award.

NHS England has stated that the service is facing record demand on urgent and emergency care services with the months of October and November being the busiest on record for A&E attendances and the most serious ambulance callouts.

As a consequence, and for the first time in history, nurses and ambulance staff have gone on strike, represented by Trade Unions, regarding a dispute over wages.

Royal College of Nurses (RCN) is calling for a 19% pay rise. The government says this is unaffordable.

What’s a Trade Union?

A Trade Union represents workers regarding employment disputes.

Individual workers join trade unions as members to negotiate on their behalf with employers with the aim of getting better pay or working conditions.

A union might ask its members if they want to strike, through a ballot, if union leaders feel the employer is not offering as much as they should.

Unions can also act on behalf of a worker who is facing disciplinary action from their employer.

When can a strike lawfully take place?

A strike can only take place legally when a majority of trade unions members in a place of work agree to the action through a formal vote, or ballot.

If less than half of a union's members vote in strike action, then the strike is not legal. Members must vote on a piece of paper and return their ballot in a prepaid envelope.

Trade unions have balloted their NHS members to take part in strike action. Members of the Royal College of Nursing (RCN) are striking on 18 and 19 January 2023, members of the GMB and UNISON (ambulance staff) are striking on 11 January 2023 and members of UNISON (ambulance staff) are striking on 23 January 2023.

Can anyone go on strike?

No.

The police, the armed forces and prison officers cannot go on strike.

Police officers are currently banned from taking strike action under the Police Act 1996. They do not have the employment rights enjoyed by other workers because of the nature of the job they do on behalf of the public. Prison officers are banned from striking under the Criminal Justice and Public Order Act 1994.

Workers who are not a member of a trade union are allowed to strike, alongside union members, provided that the strike is legal.

Do strikers still get paid by their employers?

Not usually.

Employers are under no obligation to pay those who have chosen to go on strike on a day when they would normally be required to work.

Absence from work due to strike action for one or more complete days does not count in any way for pension purposes. The pension you accrue in a year where you have taken strike action will be reduced by the amount of pension lost due to the strike action.

Do Trade Unions pay strikers?

Sometimes.

Depending on funds, some Trade Unions pay striking workers a proportion of their wages to assist with losses incurred as a result of their wages being deduced by their employees for going on strike. For example, Unison pays £50 per day strike pay to members taking strike action who face financial difficulty.

Can the NHS strike action be resolved?

The government says it has followed the recommendation of the independent NHS Pay Review Body, which said in July NHS staff should receive the £1,400 increase, with slightly more for the most experienced nurses.

The RCN has criticised this body for not being independent enough. It is made up mainly of economists and human resources professionals.

Welsh ministers said they were unable to enter pay talks without extra funding from the UK government. In Scotland, the RCN's strike action was "paused" after ministers made a fresh offer worth just over £2,200, or 7.5% , a year for most NHS staff. Nurses have been asked to vote on that deal, with results due next week.

Sources:

Chief nurse calls for strike resolution after day of action - BBC News

NHS strikes: Why are nurses and ambulance staff taking industrial action? - BBC News

Strike action FAQs | Royal College of Nursing (rcn.org.uk)

NHS England » Information for the public on industrial action

New Flexible Working Rules

Thu, 08 Dec 2022 11:59:33 GMT

Flexible working from day one of employment

The Government has proposed to allow employees to request flexible working from the first day of their employment.

What is flexible working?

Flexible working is a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home.

Employers are under an obligation to consider flexible working requests made by employees in a reasonable manner, and can only refuse if they can show that one or more of the 8 listed grounds for refusal is applicable.

There are various types of flexible working arrangements in the UK including part time working, job sharing, flexitime, remote working, hybrid working, zero hours and shift swapping.

What is the current situation?

In 2003 the Government introduced the right to request flexible working. This applied to parents and other carers. The right was then extended to entitle all employees, with a qualifying period of 26 weeks service, the right to request flexible working.

What are the proposals?

In view of the cost of living crisis, the proposed changes intend to enable people to maintain more than one job, by having the benefit of working flexibly.

A key element to the proposals will be to remove exclusivity clauses in an employee’s contract of employment, for those who are paid £123 or less a week. It will enable people to work for multiple employers and take on second jobs.

The new plans include allowing employees to make two flexible working requests in any 12-month period - currently they are allowed one.

It will also require employers to respond to requests within two months, instead of three months. In addition, the government will remove the requirement on the employee to make suggestions as to how their flexible working request is dealt with by their employer.

In summary, the proposals include:

Make the right to request flexible working from day one.
A review of the 8 business reasons an employer can rely on for refusing a flexible working request.
Employers to suggest alternatives if it is not able to agree a flexible working request.
A review of the administrative processes underpinning the right to request flexible working.
Allow employees to request a temporary arrangement.

What if an employer cannot agree to the employee’s request?

Employers will need to consider alternative options to accommodate their employees' requests. During the pandemic, employers were faced with a tough task of maintaining business momentum, retention of staff and avoiding any permanent changes and costly solutions such as redundancies and lay-offs. The new proposals could mean that employers face a greater challenge in accommodating employees' requests on a permanent basis.

The BBC reports that around 37% of working adults worked from home in 2020 during the height of the pandemic. As a symptom of this, lots of companies introduced roles specifically aimed at remote workers. Not all employers are able to offer this option though, and some believe that it can make staff unproductive. Elon Musk, has also told staff at Twitter and electric carmaker Tesla that working remotely is no longer acceptable.

Modern day working

The BBC further reported that women were seeking new, more flexible working patterns, with some leaving their employer or workforce entirely. There is however still a stigma attached to requesting flexible working, and that some women chose to leave their employer or the workforce instead, fearing that it would impact their career progression.

The Government recognises that people may need extra flexibility at particular times in their working lives on a temporary basis. Although the current law permits temporary arrangements being agreed, the Government considers that the ability to request a contractual change for a defined period of time is currently under-utilised.

Frances O'Grady, general secretary of the TUC stated that "Ministers must change the law so that every job advert makes clear what kind of flexible working is available in that role. And they should give workers the legal right to work flexibly from their first day in a job - not just the right to ask," she said. Older workers, those with caring responsibilities and people with health conditions are among those who will particularly benefit from these proposals.

Want some advice on best employment practice?

http://www.whlegal.co.uk/contact-us

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Wondering about watching the World Cup at work?

Sun, 20 Nov 2022 15:04:00 GMT

So, on Monday at 1pm, the England men's football team will be taking on Iran. It's a fairly convenient time given that many of us will be tuning in during our lunch break. However, on Friday, Wales will be playing at a less convenient time of 10am.

Employers will need to determine how to accommodate it's avid sporting fans who might be off their usual working game and need to avoid being shown the red card.

What can employers do and can a balance be struck?

With the newly established work-from-home culture, the ability to watch matches is easier and more accessible. As a result, lots of companies are welcoming the world cup by showing the popular big matches either on PC desktops, phones or other media in the office.

The BBC reports that a survey by pollsters Opinium found that altogether nearly half of working fans will be allowed to watch the game during office hours. Just over a quarter of fans said that their employer will show the matches live, while one in five will allow them to watch the football elsewhere, such as in the comfort of an employee's own home.

What are the penalties of bunking off?

Employers may wish to try and avoid being too rigid with their viewing rules whilst setting clear boundaries of what is expected during working hours.

The preference to have employees distracted for an hour or so is better than having a large proportion of the workforce pulling a sick day, but there are exceptions depending on the employee's responsibilities.

In a survey poll from pollsters YouGov 9% of workers say they intend to watch the game when they are supposed to be working and without their employer's knowledge. This could, of course, lead to disciplinary action against those employees and, in some cases, dismissal.

It will therefore be a case of maintaining trust and confidence in both the company and employees to reach the end goal.....a happy and content workforce.

Controversial Hosts

There has been intense scrutiny towards Qatar over its record on human rights, in particular its treatment of migrant workers, the LGBTQ community and women; with the latest focus on the tragic death rates of those migrants during the course of construction of the stadiums and ancillary buildings.

A recent report by ienews detailed the "horrifying workplace conditions" experienced by migrant labourers as recently as a few weeks ago, with some working 30 days without a break and others receiving no pay for up to three months . Given these shocking reports, can FIFA's objective stance on "focus on the football" be enough to maintain the love of the game this time round?

Want some advice on best employment practice?

http://www.whlegal.co.uk/contact-us

ALTERNATIVES TO STATUTORY MATERNITY PAY

Fri, 30 Mar 2018 20:16:18 GMT

Maternity Leave Payments - A guide to Maternity Allowance

Maternity Leave Payments

Alongside the excitement of a new baby, you need to feel financially secure and know exactly what you’re entitled to be paid during your maternity leave. This guide will help you.

Just as a quick recap - there are three types of maternity pay that might be available to you:

Statutory Maternity Pay (SMP) from your employer.
Maternity Allowance (MA) from the Government, if you’re not entitled to SMP.
Employment Support Allowance, if you’re not entitled to SMP or MA.

This article will focus on Maternity Allowance. For a comprehensive guide on SMP click here

So why can’t I get SMP?

· You haven’t been working 26 weeks by the end of the qualifying week. This is the 15th week before the expected week of childbirth.

· You’re self-employed and pay class 2 NI.

· You have stopped working.

What are my options?

You might be entitled to MA instead.

How long do I get MA for?

39 weeks or 14 weeks.

How do I get MA for 39 weeks?

You need to prove that in the 66 weeks before the baby is due you were employed or self employed for at least 26 weeks (known as the Test Period) and earning at least £30 a week for at least 13 weeks - the weeks don’t have to be together.

If you’re self employed, and you haven’t paid enough Class 2 NI you’ll get £27 a week for 39 weeks. Remember that you will need to meet all the other eligibility criteria to get this.

…and for 14 weeks?

If you are not employed or self-employed but you take part in the business of your self-employed spouse or civil partner you may be able to get MA for 14 weeks. Have a look below for some further criteria that might help you:

If, for at least 26 weeks in the 66 weeks before your baby is due:

You’re married or in a civil partnership
You’re not employed or self-employed
You take part in the business of your self-employed spouse or civil partner
The work you do is for the business and unpaid
Your spouse or civil partner is registered as self-employed with HMRC and should pay Class 2 National Insurance
Your spouse or civil partner is working as self-employed person
You’re not eligible for SMP or the higher amount of Maternity Allowance (for the same pregnancy)

If you’re self employed, and you haven’t paid enough Class 2 NI you’ll get £27 a week for 14 weeks. Remember that you will need to meet all the other eligibility criteria to get this.

How much is MA?

Full MA entitlement is £140.98. It will go up a bit in April to £145.18.

What if I start working for another employer?

If your SMP has stopped because you have started working for an employer outside the qualifying week and you subsequently stop work, you may be able to claim MA.

What if I work for more than one employer?

You may be entitled to SMP from each employer – which means more than one lot of SMP.

If you have more than one employer, and you get SMP from one employer but you don’t qualify for SMP with the other employer, you cannot claim MA from the other employer.

What if I am employed AND self employed?

You can get SMP from your employer, you are not entitled to MA for your self-employment.

You can still work during your maternity leave as self employed without it affecting your entitlement to SMP. On the other hand however, if you are only entitled to MA you can’t do any work during your maternity leave other than the 10 Keep in Touch Days.

What about Employment Support Allowance?

If you cannot get either SMP or MA, you may be able to get Employment and Support Allowance. If you claim MA, your claim will automatically be considered for ESA if your claim for MA is declined.

A Guide to Statutory Maternity Pay

Tue, 27 Mar 2018 18:50:06 GMT

So what exactly is the deal with SMP?

You’re pregnant! Congratulations! You’ve already chosen a name and called her, Summer. Let’s assume that Summer’s due at the end of September:

Reference:

Summer’s due date: Sunday 30 September 2018. This is the Expected Week of Childbirth or EWC for short.
Qualifying Week: Sunday 17 June 2018. This is the 15th week before Summer is due or QW for short.
SMP start date: Sunday 15 July 2018. This is the 11th week before Summer is due.
Start Maternity leave: Sunday 15 July 2018

Read the above again so you know where you are.

Am I entitled to Statutory Maternity Pay [SMP]?

To get SMP you’ll need to have been in your job for 26 weeks by the end of the QW. Just remember that your average weekly earnings in the 8 weeks up to and including the QW need to be more than the lower earnings limit for National Insurance contributions to get SMP.

You need to still be pregnant at the SMP start date and you need to provide a MAT B1 form to your employer stating your EWC.

What happens if I resign?

If you resign at the end of the QW you still get SMP. Before that, you’re not entitled.

Do I have to pay SMP back if I decide not to return?

No. You don’t have to pay SMP back if you decide not to return BUT if you’re lucky enough to be paid enhanced SMP by your employer you need to check your contract to see if there are any rules on paying the extra back.

Do I still get SMP if I leave and start working for another employer during maternity leave?

No. If you’re working you’re no longer on maternity leave. Simple.

How much do I get?

You’ll get SMP for 39 weeks and its divided into two parts:

1. The first 6 weeks is based on 90% of your earnings. Its worked out on your previous 8 weeks earnings up to and including the QW.
2. For the other 33 weeks you’ll get £140.98. This will increase a bit in April to £145.18.

Remember, for the purposes of calculating average weekly earnings, shift allowances, overtime payments, bonuses and commission are all included.

When can I get it?

From the 11th week before your EWC (well done if you didn’t have to refer back to the reference section above!)

What happens if I’m off sick when I’m pregnant?
If you’re off sick during your pregnancy you’ll get paid statutory sick pay in the normal way. If you’re off sick for pregnancy related illness after the beginning of the 4th week before the EWC (you looked at the reference section didn’t you!) but before the date you intend to start maternity leave, you’ll automatically be put on maternity leave on the first date of your sickness absence.

Do I get any more money?

Possibly if you decide to do some Keep In Touch Days. You can agree with your employer to have up to 10 of these. Keep in mind that your employer has no right to require you to carry out any work, and you have no right to accept or demand work, during your maternity leave. Your employer will need to consider how any payment for work done on a particular day will work alongside any SMP due and will offset any salary paid against any SMP that may be due. Its also worth knowing that if you work just an hour on a particular day that counts towards one of your 10 days.

Get GDPR Ready!

Tue, 27 Mar 2018 18:50:06 GMT

So what do you need to do? In plain English.

GET GDPR READY!

Get our GDPR Pack £300 - includes advice and documents to get you GDPR ready!

Fear not! You no longer have to bury your head in the sand over the General Data Protection Regulation. As a simple first step we have created a straightforward guide to make you see things more clearly.

The old Data Protection Act 1998 will be upgraded on 25 May 2018 by a new and improved GDPR. A key reason for this make-over is due to the fact that we are using social media platforms and electronic means of communication a whole lot more than we used to; the "soon to be" old act just isn’t cutting it.

Here’s the bottom line: if you process personal data then the GDPR applies to you. If you don’t comply you’re exposing yourself to a €20 million fine or 4% of your annual global turnover – whichever is higher.

So let’s get to it: (by the way where you see a * in the text below means we can draft the documents that you need to save you spending hours doing it yourself).

Storing Data

Take some time to have a look at how you store your personal data, how it arrives and where it goes. Only keep personal data where it is reasonably necessary to do so. It might be worth doing a diagram - kind of like a family tree or a data map* to show a clear path of where and how personal data is being used and stored.

Rights of Individuals Regarding their Personal Data

Individuals have rights over how you use their personal data; there are 8 rights in total:

1. The right to be informed

2. The right of access

3. The right to rectification

4. The right to erasure (to be forgotten)

5. The right to restrict processing

6. The right to data portability

7. The right to object

8. Rights in relation to automated decision making and profiling.

You need to ensure you have a policy* in place to deal with a request* from an individual to verify the lawfulness of your personal data processing.

Breaches of Data

Get a procedure* in place so you know what to do in the event that you breach the GDPR. A breach that is more than just losing personal data. It goes further to include a risk to the rights and freedoms of individuals such as damage to reputation, financial loss and loss of confidentiality. This is a really important step to take.

Staff Training - protect your business

Have a chat to your employees about the new rules. Your business could be responsible for how they use and process personal data - and if they breach it - so its in your interest to get them up to speed with the changes by implementing a solid training policy*.

Data Policy

Get a Data Protection Policy in place*. This is really important.

Consent from Employees

Get written consent from your employees to hold their personal data*

Privacy Notice

Send out a privacy notice* to your clients to let them know how you process and store their personal data. Its compulsory to provide the following information:

1. Your identity and contact details.
2. The purpose of processing their data and the legal basis for the processing of that data.
3. Who you share the personal data with.
4. Transfers outside EU and how data is protected.
5. Retention period or criteria used to set this.
6. Tell individuals of their right to withdraw their consent to their data being used and their right to complain.

Data Protection Officer

Appoint a Data Protection Officer (DPO). Although this requirement only applies to public authorities, the GDPR implies that most businesses should have someone to check over compliance, even if they aren’t officially a DPO.

What next?

Call us for further help and for the documents that accompany this guidance highlighted with an * in the above text.

We can provide you with a GDPR Pack for £300 inclusive of VAT. Make it easier for yourself and your business.

Just remember that the content of this document is not a substitute for taking legal advice on your situation. If you need specific advice, get in touch and we’ll be happy to help. Keep checking back with us whilst the GDPR processes continue incase there are any updates you need to know about.