Recent employment law developments

PPMA WEBSITE EMPLOYMENT LAW UPDATE June 2011 (2)

 

The following summarises two recent employment law developments which are likely to be of interest to public sector HR professionals:
 

Further changes to immigration system proposed
 

Previous updates on this site have reported on changes made to the points-based immigration system. The Government has recently published further proposals, particularly related to temporary and permanent migration, intended to provide a clearer distinction between these two routes and applying stricter criteria for those who wish to remain in the UK. The proposed changes include:
 

  • estricting the maximum period of Tier 1 temporary leave at 5 years and restricting the number of exceptional talent migrants granted settlement;
  • reclassifying Tier 2 visas as “temporary”, with the expectation that most Tier 2 migrants will return home at the end of their stay;
  • considering whether certain categories of Tier 2 migrants should retain an automatic route to settlement, for example, those earning over £150,000 or in occupations of specific economic or social value to the UK;
  • creating a new category which, after 3 years in the UK, the most exceptional Tier 2 migrants can switch and apply for settlement;
  • applying robust selection criteria to those Tier 2 migrants who wish to switch and possibly limiting the number of migrants allowed to switch;
  • allowing those Tier 2 migrants who do not switch to remain for a maximum of 5 years;
  • introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a settlement route;
  • considering restricting the maximum period of leave in Tier 5 (temporary workers) to 12 months.
     

Business leaders have already reacted with concern to these proposals and their potential impact on the ability of organisations to attract skilled workers into this country.

Employment-related settlement, Tier 5 and overseas domestic workers: a consultation is available on the UK Border Agency website at www.ukba.homeoffice.gov.uk
 


The consultation closes on 9 September.



Government sets out Low Pay Commission’s remit for 2012


The Low Pay Commission (LPC) was established to advise the Government about the National Minimum Wage (NMW). The Government has recently written to the Commission, setting out the remit for their 2012 report. Whilst the Commission’s role in relation to the NMW will continue, the Government has asked it, as part of its remit, to pay particular attention to three issues:
 

  • the particular position of young workers, including those in apprenticeships and internships;
  • whether the NMW Regulations can be made simpler and easier to administer;
  • the best way to give businesses greater clarity on future levels of the NMW and if any recommendations could be introduced more promptly.
     

The LPC will report to the Government by the end of February 2012.

In the meantime, as previously reported on this site, public sector HR professionals are reminded of the following increases to the NMW rates which will take effect on 1 October 2011:
 

  • Adult rate: increase from £5.93 to £6.08 per hour;
  • Rate for 18-20 year olds: increase from £4.92 to £4.98 per hour;
  • Rate for 16-17 year olds: increase from £3.64 to £3.68 per hour;
  • Apprentice rate: increase from £2.50 to £2.60 per hour.