The National Minimum Wage (NMW) and National Living Wage (NLW) rates are re-assessed annually, and any changes take effect from 1 April each year.

Even though the rates go up on 1 April, workers may not qualify for the new rates straight away. Workers are only entitled to the new rate for pay reference periods that start on or after 1st April.

Pay reference periods are determined by how frequently a worker is paid (e.g. weekly, fortnightly, monthly). A pay reference period cannot be longer than one month.

For example, if a monthly paid worker has a pay reference period that ends on 10th April, they would only be entitled to receive the new, increased NMW/NLW rate from the first day of the new pay reference period, which would start on 11th April.

The same rules apply when a worker has a birthday that would entitle them to a higher rate of NMW or NLW – the worker is entitled to receive the higher rate from the start of the next full pay reference period after their birthday, and not from their birthday itself.

Historically, the National Minimum Wage rates increased in October each year, but as of 1st April 2017 the Government aligned the increases to the National Minimum Wage and the National Living Wage rates so that they both take effect at the same time.

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Workers are ‘working’ when they are at their employer’s disposal and carrying out their designated duties. This can include time spent travelling as an integral part of the job, for example to and from the employer’s address to a customer’s premises or between client sites. As such, this should be paid time.

Time spent travelling to and from home to first and last appointments/client sites by workers with no fixed office/workplace should also be classed as working time for the purposes of the Working Time Regulations, but not for the purposes of the National Minimum Wage Regulations. As time spent travelling to and from work is specifically excluded from the definition of working time in Reg 34 of the National Minimum Wage Regulations, this time does not have to be included when calculating whether or not a worker has been paid the national minimum wage for hours worked.

For non-mobile workers, normal travel between home and a fixed workplace does not usually count as working time. Travelling time outside normal working hours can also be excluded from working time.

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The first step is to raise the matter with their employer, to see if the matter can be resolved informally. The best person to approach will depend on the organisation; it might be a supervisor, line manager, or human resources (HR) department. If the worker is a member of a trade union, it may also be useful to discuss the matter with their trade union representative.

If the issue cannot be resolved informally, as a next step they can raise a formal grievance.

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An employee can raise a grievance after they have left employment. In such cases it is good practice for employers to follow the same grievance process that would have been followed had they still been in employment.

The benefit of raising a grievance complaint is that it gives the employer the opportunity to address, and if possible, resolve a concern about the workplace and the employee may want to take this into account in deciding when to raise a complaint.

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An employer may be able to change the terms of an employee’s contract (written or verbal) if one of the following applies:

• there is a clause in the contract that allows them to do so (a variation clause), or
• the employee agrees to the change, or
• the employer gives the correct period of notice.

The correct procedure to use depends on which of these applies.

If none of them applies, then attempting to change the terms could be a breach of contract.

However, if the employer wishes to change the employee’s hours or shifts, and the employee is on a zero hours contract, the situation is different.

Note that if the reason for the proposed change is that there has been a transfer of a business (or part of it) from one owner to another, then this may be covered by regulations known as TUPE. If this is the case, it may be wise to take expert HR advice about whether the change might be unlawful.

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If a worker is employed on a genuine zero hours contract, they are not guaranteed any minimum hours of work. For instance, the worker may be called in on an ‘as and when’ basis.

If there is a zero hours contract, then the employer can change the worker’s hours to suit their business needs, even if the worker has been working regular hours over a lengthy period of time.

It would be fair to give the worker a reasonable period of notice of any change to their usual working pattern.

The exception to this would be where there has been an explicit agreement between the employer and worker to convert the zero hours contract into a contract of employment with permanent regular hours, in which case the employer would need to follow the correct variation of contract procedures.

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If the change to the job description or job title is simply reflecting more accurately what the employee is doing, and the employee is in agreement, then the job description or job title can simply be changed. The employer should provide the employee with an amended written statement confirming the new job description or job title, within one month of the change.

If the employer actually wishes to change the employee’s role, then they would need to vary the employee’s contract. This can be done:

• if there is a clause in the contract that allows them to do so
• if the employee agrees to the change, or
• if the employer ends their current contract and then re-engages them under a new contract

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Yes! Employment law changes regularly, usually in April and October each year. It is, therefore important to ensure that you keep up to date with the changes and ensure that you comply with the new provisions.

At OPT HR we regularly review our employment contracts and employee handbooks to ensure that they are up to date, along with ensuring that our clients receive employment law updates with details of any changes that may affect them.

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Making a recruitment mistake can be costly both in terms of time and money. As well as the inconvenience of appointing someone unsuitable for the role, there is also the risk that a potential candidate can take a discrimination claim against the Company.

There are a number of ways to make a recruitment process effective, including:

• clearly defining the role and responsibilities, and the skills and experience needed to be effective
• an effective and unbiased CV screening process
• training for recruiting managers
• support with designing competency-based interview questions

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Occasions arise where the structure of a whole business, department or team no longer meet the needs of the business. Making changes to the roles and responsibilities of employees can be a complex process. Things to consider are:

• how many employees might be affected by the changes?
• what is the timescale for implementation of the changes?
• are you expecting any employees to leave, for example, through retirements or resignations?
• are there any other vacancies or opportunities in other areas of the business?

When you have begun to think about these things, you can then define the most effective way of achieving your goals and the processes you might need to follow in order to implement the changes. If a redundancy process is needed you will need to ensure that you meet your statutory obligations in terms of compensation and pay.

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An underperforming employee can have a significant impact upon an organisation. Proactively managing an underperforming employee is critical to resolving the issue. When determining a strategy for managing a performance issue, the following should be considered:

• The seniority of the employee
• The role of the employee
• The employee’s length of service

When you have all the information you can determine a strategy to manage the situation. This could range from implementing a performance improvement plan, with an ongoing structure to monitor and manage the situation, through to an exit strategy for the individual.

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It is important that all employees conduct themselves professionally in the workplace. Bullying or being in any way aggressive to others is not acceptable, and may be a breach of Company policies. In order to address this, honest conversations need to be held with the individual concerned and support put in place to ensure they have the tools to change their approach. This could include coaching for the employee.

If an employer is aware of an issue, they have a duty of care towards other employees to resolve the issue.

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