New powers for employment tribunals to order employers to carry out equal pay audits are now in force.
Since 1 October, an order can be made where an employer is found to have breached equal pay law or sexually discriminated in non-contractual pay such as bonuses. The audit results can be made public and employers could face a fine of up to £5,000 for failure to comply with the tribunals’ requests.
According to Simons Muirhead & Burton, new businesses and very small businesses will be exempt from this power, and audits are unlikely to be ordered where they have already occurred in the last three years and there is no reason to think other breaches may have occurred.
Also since 1 October, employers have to grant expectant fathers or the partner of a pregnant woman unpaid time off work to attend up to antenatal classes.
Meanwhile, the national minimum wage hourly rates increase to £6.50 for adults, £5.13 for workers between 18 and 20 years, £3.79 for under-18s and £2.73 for apprentices. Employers who are found to be in breach can incur a financial penalty up to £20,000.
The two-year minimum qualifying period for unfair dismissal is abolished where the application is connected with the employee’s membership of the Reserve Forces. The secretary of state may make payments to compensate small and medium sized employers of reservists who are called to serve.
Emily Chalkley, associate at Charles Russell, said the rule change for reservists was designed to “encourage recruits”, but that “in practice reservists are likely to continue to bring their cases before a reinstatement committee because there are no fees associated with bringing a claim, unlike the employment tribunal who introduced fees earlier this year”.
