For our annual employment and pensions round-up of the year, we have asked some of our team members to bring their gifts of insight, wisdom and knowledge and comment on the year that’s been and speculate on the year to come.    

And, on behalf of all the team here at Anthony Collins may we wish you a Merry Christmas and a Happy New Year. 

IMMIGRATION 

2024 brought plenty of changes to keep employers - and their HR/compliance teams - on their toes. Sponsors faced rising salary thresholds, and carers and many students found they were no longer able to bring dependants to the UK. As we head into 2025, the Home Office’s spotlight on compliance looks to only burn brighter. Sponsoring employers will need to stay sharp because when it comes to immigration rules and sponsor guidance, ignorance is not bliss - it’s a potential licence revocation.

Hazel.findlay@anthonycollins.com, associate and immigration lead 

Further useful reading

https://blog.anthonycollins.com/post/102iyyy/key-dates-for-immigration-changes-2024-particularly-for-the-health-and-social-c

https://blog.anthonycollins.com/post/102jk33/back-to-work-again-home-offices-right-to-work-guidance-updated

https://blog.anthonycollins.com/post/102jq45/governments-plan-to-ban-rogue-employers-who-flout-visa-rules

PENSIONS

There’s a lot of change on the horizon for the LGPS with a review of employer contributions starting, employers continuing to exit due to favourable valuations, encouragement to funds to pool more investments and possible consolidation of funds and pools.

Doug.mullen@anthonycollins.com, pensions partner 

Further useful reading

https://blog.anthonycollins.com/post/102j8pt/pension-scheme-surpluses-a-slice-of-the-pie

https://blog.anthonycollins.com/post/102j9kn/paying-a-forfeit-criminal-acts-and-pensions

https://blog.anthonycollins.com/post/102jfx6/pensions-regulator-penalty-appeals-a-change-in-tack

https://blog.anthonycollins.com/post/102ji42/pensions-and-fire-and-re-hire

https://blog.anthonycollins.com/post/102jp0m/local-government-pension-scheme-consultation-one-size-fits-all

TRIBUNAL CASES

This year has given us plenty of cases that continue to challenge how we see each other and the world around us. The Employment Tribunal is so often asked to talk about whether someone is right to feel offended and to remind us that no one (no matter who they are) is immune from being the victim of behaviour from others that is unacceptable. As our world continues to change at breakneck speed, so much of what the Employment Tribunal does is at the cutting edge of helping us make sense of and understand this, in how those issues come into our lives at work and influence wider society. It is fascinating to see and has something we can all learn from. Here’s a look back at some of those cases we have spoken about, and I have no doubt there will be plenty more for us to write about in the year ahead.

Jackie.morris@anthonycollins.com, senior associate and tribunal lead

Further useful reading

https://blog.anthonycollins.com/post/102j2vf/wake-me-up-before-you-pho-to-the-use-of-photographic-evidence-in-cases-of-sleepi

https://blog.anthonycollins.com/post/102j6id/creating-safe-workplaces-for-women-and-men-what-can-we-learn

https://blog.anthonycollins.com/post/102j825/a-conversation-about-sushi-small-talk-or-harassment

https://blog.anthonycollins.com/post/102jpu1/there-are-12-days-of-christmas-but-now-there-could-be-six-months-to-bring-an-empl

HOUSING CASES

There’s been a lot going on this last twelve months with a new Government and a new employment bill but still no further news on the mandatory qualifications for housing managers.  We covered the detailed consultation in February this year (see blog below) but since then there has been radio silence.  It’s unlikely that the present Government will not forge ahead with these changes given their stance on improving the current provision of social housing, however, we are still playing the waiting game as to the details and importantly the timings. New standards of care within the sector will stretch existing legislation as providers seek to manage the risks of time spent on-call, standby and travelling amounting to working time for the purposes of the Working Time Regulations or National Minimum Wage, respectively. Finally, as we see a move towards employers being liable for third-party sexual harassment under the new preventative duty (section below) providers will need to assess the sector-specific risks carefully and consider what measures are in place to ensure compliance with the new duty.  

Katherine.sinclair@anthonycollins.com, legal director and sector lead  

Further useful reading

https://blog.anthonycollins.com/post/102izne/consultation-on-mandatory-qualifications-for-housing-managers-released-its-fin

https://blog.anthonycollins.com/post/102jg69/social-housing-pension-scheme-deficit-falls-by-55

PREVENTATIVE DUTY 

Any legislation which seeks to make the workplace a safer place for all employees should be applauded.  Too regularly this year we have heard about sexual harassment and the abuse of power going on for years in big, high-profile organisations with victims too scared to speak up.  Will this new preventative duty make the change we need? Whilst most employers want their staff to feel safe and work in an environment free of harassment, the additional responsibility of risk assessments, training etc is a burden for already stretched HR departments. The ongoing challenge is to set the culture and then ensure the ‘buy-in’ of staff so that workplaces no longer tolerate the kind of behaviours that we have been hearing about in the BBC over the last couple of weeks. 

Anna.dabek@anthonycollins.com, partner and head of employment and pension team 

Further useful reading

https://blog.anthonycollins.com/post/102jghx/life-after-metoo-employers-must-not-wait-until-sexual-harassment-happens-befor

https://blog.anthonycollins.com/post/102jkb5/preventing-sexual-harassment-in-the-workplace-new-updated-guidance

https://blog.anthonycollins.com/post/102jq9v/last-christmas-i-gave-you-my-heart-this-year-it-will-be-a-robust-risk-assessment

ELECTION AND EMPLOYMENT RIGHTS BILL 

Most of us started the year with an assumption that there would be a general election in 2024.  A Labour Government was expected and with it some root and branch employment reforms. And so, it came to pass… a Labour Government was elected, several months earlier than many of us expected, and 100 days later we were presented with the Employment Rights Bill. The Government hailed it as pro-business, bringing generational change. While it’s certainly extensive, I am not sure any employer is jumping for joy over its contents and it has more holes than the colander I’ll use to drain my Christmas veg! 2025 is going to be a busy one as we see how those holes are filled and how it will change the HR landscape going forward.

Libby.hubbard@anthonycollins.com, senior professional support lawyer 

Further useful reading

https://blog.anthonycollins.com/post/102jfuh/now-let-the-change-begin-what-does-the-new-government-have-in-store-for-hr

https://blog.anthonycollins.com/post/102jli9/new-employment-rights-will-they-bring-generational-change

https://blog.anthonycollins.com/post/102jp7r/the-employment-rights-bill-is-it-all-its-cracked-up-to-be

NATIONAL MINIMUM WAGE 

The National Minimum Wage (NMW) regulations continue to be complex and laden with potholes that employers can easily fall into should they not think carefully about how they will remain compliant.  The same risk areas we have seen previously, such as deductions from pay including administration charges, unreimbursed travel expenses/costs incurred by workers and salary sacrifice schemes (including pensions) still challenge employers. Going forward, in light of the autumn budget and the increase in NMW rates, with finances even tighter than before, employers with staff working at or just above NMW rates, particularly social care providers, are going to have to become extra vigilant in conducting internal audits to proactively identify and deal with risk areas, before HMRC do. 

Hannah.bollard@anthonycollins.com, associate 

Further useful reading

https://blog.anthonycollins.com/post/102j2sm/spring-cleaning-your-nmw-records-are-they-ready-for-your-workers-to-inspect

https://blog.anthonycollins.com/post/102jgjm/employer-provides-a-holiday-fund-savings-scheme-what-could-go-wrong

PODCASTS – HAVE WE GOT EMPLOYMENT LAW NEWS FOR YOU?

If you haven’t caught up on our podcasts this year, here’s the link to our Spotify page.

We cover a wide range of topics, sectors and issues all aimed at informing your understanding of the law and its implications in your organisations. This year we’ve looked at corporate transactions and HR, managing your occupational health provider, supporting neurodivergent employees as well as chatting over the Employment Rights Bill and its implications. 

WATCH OUT FOR……

Our interactive Employment Rights Bill Hub in the new year. 

All the details about the Bill in one place together with a free subscription service.  

Subscribers will receive notifications of changes, updates, consultations and briefing papers together with practical suggestions as to what can be done to prepare for change and how it will affect different sectors. 

To register your interest please send a blank email with the title ‘sign me up to your Hub’ to lynsey.ford@anthonycollins.com and you will be sent details to the landing page and subscription page in the new year.