The Small Business, Enterprise and Employment Act 2015 gained Royal Assent on 26 March 2015 and Part 11 contains eight specific employment measures:

1. Require the Government to consult on the detail of regulations to implement S.78 of the Equality Act 2010, which will require employers with at least 250 employees to publish information about the pay of employees, for the purposes of showing any differences in pay by gender.

2. Provide the Secretary of State with a power to require certain prescribed persons to report annually on the whistleblowing disclosures they receive.

3. Provide the Secretary of State with a power to make regulations to prohibit defined NHS employers from discriminating against applicants for employment who have previously made protected disclosures.

4. Impose financial penalties when an employer fails to pay an employment tribunal award or a settlement sum following conciliation in which a settlement certificate has been issued.

5. Allow regulations to be made placing a limit on the number of successful applications for the postponement of an Employment Tribunal hearing a claimant or respondent can be granted in a case.

6. Amend the National Minimum Wage Act 1998 so that the maximum penalty which can be imposed for underpayment is the arrears owed to each worker up to a maximum of £20,000 per worker. Currently the maximum penalty is £20,000 per notice of underpayment no matter how many workers are involved.

7. Ensure that exclusivity clauses in zero hours contracts are invalid and unenforceable, so that no one is tied into a zero hours contract without any guarantee of paid work elsewhere.

8. Allow regulations to be made requiring highly paid public sector employees to repay exit payments if they return to the public sector as an employee, contractor, or public sector office holder within a short period.

Measure 5 came into force on 26 March 2015, but as yet no other commencement dates have been indicated. 

Download our App for more legal updates from theHRDIRECTOR

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.