The following is a summary of the major changes which have been made to the Employment Procedures Manual. The latest version (23 – October 2009) is now available via ES Gateway.

The Right to Work in the UK

Due to recent changes in legislation, it is now essential that all applicants for vacancies are checked for their eligibility to work in the UK at interview stage.

It is a criminal offence to employ someone who does not have the right to work in the UK and employers could face a fine of up to £10,000 for each illegal employee that they have working for them. It is therefore vitally important that original documents such as passport, birth certificate, UK residence permit, etc. are seen and copied prior to the commencement of employment.

A detailed list of relevant documents can be found on the Home Office website: www.ind.homeoffice.gov.uk with illustrated examples provided in the “Comprehensive Guidance for United Kingdom Employers” on changes to the law on preventing illegal working.

Independent Safeguarding Authority (ISA)

With the implementation of the Safeguarding of Vulnerable Groups Act 2006, the Independent Safeguarding Authority (ISA) is now operational.

With effect from 12th October 2009, the existing vulnerable ‘lists’ (PoCA, PoVA and List 99) have been replaced by two new ‘barred’ lists – one for children and one for vulnerable adults. Enhanced CRB Checks are now needed for all of those working with children or vulnerable adults (including volunteers) in accordance with the Act’s two new definitions – ‘regulated’ (teaching, training, giving medical treatment, etc) and ‘controlled’ (cleaners or caretakers in schools, the NHS and adult social care) activities.

It is now a crime for an individual who is on one of the lists to “seek or undertake” work in “regulated activity” and for an employer who employs them, knowing they are on a list.

From July 2010, individuals will be able to apply for ISA registration in order to work with children and/or vulnerable adults, with this becoming a legal requirement from November 2010.

Tips and Service Charges

Many employers, typically in the hospitality industry, have been using the tips and service charges, paid via a tronc system, to ‘make up’ their employees’ wages to be in line with the National Minimum Wage.

With effect from 1st October, such monies can no longer be distributed as part of the employees’ wages. The minimum wage must be paid independently of any gratuities administered under a troncmaster system.

Minimum Wage Rates

From 1st October 2010 the adult rate for the minimum wage will apply to anyone aged 21 and over (until then 22 and over). In addition, the rates have changed as set out below:

• Adult rate: (age 22 and above) - £5.80
• Development rate: (age 18 – 21) - £4.83
• Young worker rate: (age 16 – 17) - £3.57

Redundancy Rates Change

With effect from 1st October, the maximum payment for statutory redundancy pay per week has increased to £380. This rate will remain in force until February 2011.