177: And finally a look forward to what’s happening in employment news for July 2019

The Senior President of Tribunals has published his innovation plan for Tribunal reform in 2019 – 2020. This sets out how the strategy set out in his January 2019 report on modernising all Tribunals, will be implemented. As regards the Employment Tribunals, there are plans to introduce the facility for all Tribunal staff and users to manage cases online using a standard case management platform. Since 1 February 2019, Employment Tribunal services have been moving on to the new system, and judges should already have access to digital records to assist in case management. Implementation of the new end to end case management system for the Employment Appeal Tribunal (the EAT) is expected to be completed by March 2020. There is a proposal to digitally record all hearings, building on a pilot currently being undertaken in the Cardiff Tribunal. New technology will also be introduced to enable live video evidence and digital presentation of documents in hearings where appropriate.

Injury to feelings awards are available in addition to financial compensation in discrimination and whistleblowing cases. They are assessed by reference to guidelines known as the ‘Vento bands’. The Presidents of the Employment Tribunals have published an update to the Presidential guidance on the Vento bands to reflect an adjustment for inflation. For claims presented on or after 6 April 2019, the Vento bands will be: lower band for less serious cases, £900 to £8,800; middle band, £8,800 to £26,300; upper band for the most serious cases, £26,300 to £44,000. In exceptional cases, awards may exceed £44,000.

Her Majesty’s Revenue and Customs (HMRC) has published new guidance to help organisations prepare for changes to the tax rules for engaging individuals through personal service companies which will come into force on 6 April 2020. From that date, responsibility for deciding whether the off-payroll working rules (IR35) apply will fall on the organisation receiving the individual’s services. The guidance lays out key steps for ensuring a smooth transition: identify individuals in the workforce who are providing services through personal service companies; determine whether the off-payroll rules apply for any contracts which will extend beyond April 2020; and put appropriate administrative processes in place, for example, to allocate responsibility for compliance and payments.

Advisory, Conciliation and Arbitration Service (Acas) has published new guidance to assist employers and employees in understanding the impact Brexit may have in their workplace and the steps that may need to be taken before the UK leaves the EU. The guidance explains the potential changes to employment law and confirms that Tribunal and Court decisions appealed to the European Court of Human Rights will not be affected by Brexit. It also covers the settled status scheme and advises employers to support employees by helping them through the application process. Acas advises employers to encourage and promote awareness of Brexit-related considerations to their employees and provides links to the Government’s technical advice and other related materials.

A number of regulations have been passed which will bring into force various proposals set out in the Good Work Plan. The Employment Rights (Miscellaneous Amendments) Regulations 2019 will implement the increase in financial penalties for employers found in breach of workers’ rights to £20,000 for breaches occurring on or after 6 April 2019; introduce the right for workers, as well as employees, to be provided with a statement of employment particulars from 6 April 2020; and lower the threshold required for a request to set up information and consultation arrangements from 10% to 2% of employees, subject to the existing minimum of 15 employees, from 6 April 2020. The Agency Workers (Amendment) Regulations 2019 will remove the Swedish derogation provisions with effect from 6 April 2020. In addition, from 6 April 2020, the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 will require employment businesses to provide agency work-seekers with a key information document setting out prescribed information, including the type of contract, minimum rate of pay, relevant deductions, annual leave entitlement and details of how payments will be made.

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