Local Government Lawyer Home Page


Sharpe Edge Webpage Banner

Welcome to Sharpe Edge, Sharpe Pritchard’s local government legal hub on Local Government Lawyer.

Sharpe Edge features news, views and analysis from our team of specialist local government lawyers working at the heart of the latest legal developments. Sharpe Edge platform is also the only place where local government lawyers can get e-access to two law books by our Head of Local Government Rob Hann: The Guide to Local Authority Charging and Trading Powers (‘LACAT’) and The Guide to Local Authority Companies and Partnerships (‘LACAP’).

 

                                                                                                  

Slide background

New Financial Year – What are this year’s rate changes to Employment Law and other important updates.

Icons Hazard

David Leach looks at this year’s rate changes to Employment Law and other important updates.

New Financial Year – What are this year’s rate changes to Employment Law and other important updates.

We are now into the second week of April and there have been updates to rates related to pay and compensation. We have set out the updated figures below as well as some statistics from the Employment Tribunal on compensation awarded in 2019/2022 and some other important updates you will need to be aware off.

Wage Updates

The annual increase to the national living wage (NLW) and national minimum wage (NMW) have taken affect from 1 April 2022.

The NLW has increased from £8.91 to £9.50 per hour. The updates to the NWM is set out below:

Age Bracket Old Hourly Rate New Hourly Rate
Aged 21 to 22 £8.36 £9.18
Aged 18 to 20 £6.56 £6.83
Aged 16 to 17 £4.62 £4.81
Apprentices £4.30 £4.81

If you have any policies that normally contain the specific rates, these will need to be updated as soon as possible to reflect the changes. If you have not yet applied these rates, you will need to make sure that these rates are applied, to those it effects prior to any payroll runs for April. If you run any weekly payrolls and have yet to implement the minimum uplifts this will need to be rectified immediately.

Statutory Pay Rates

Some rates for the various rates of weekly Statutory Pay has increased from 3 April 2022 and 6 April 2022 respectively:

  • Maternity, Adoption, Paternity and other Parental Leave Pay has been uplifted from £151.97 to £156.66
  • Weekly Sick Pay has increased from £96.35 to £99.35 which took effect from 6 April 2022.

You will all be aware of the increase in National Insurance Contributions for both employers and employees. This has risen to 1.25%, the revenue that this increase will create is to be spent on the growing funding needs of the NHS and social care.

Gender Pay Gap reports

Employers who have more than 250 have, since 2018, been required to publish their annual gender pay gap report. For public sector employers, these reports were due on 30 March 2022. For any private sector and voluntary organisations this was due a bit after on 6 April 2022.

It has now been five years since the regulations were brought in force, so it is likely that the Government will undertake a review of the regulations soon, so it is highly recommended that employers keep an eye out for any updates this review will bring.

Employment Tribunal Compensation

Basic compensation and Vento bands have also been increased. These new rates take affect for termination that occurs on or after 6 April 2022.

Rate Maximum Compensation
Weeks’ pay (used for redundancy calculation) £571
Basic Award £17,130
Compensatory Award £93,978
Additional Award 26 to 52 weeks (£571 per week)
Dismissal related health and safety No maximum
Dismissal related to making a protected disclosure (Whistleblowing) No maximum
Dismissal related to a protected characteristic No Maximum
Breach of Contract £25,000

While the maximum compensation award has increased, it will still be the lower of either 52 weeks gross pay or the statutory cap which will be awarded.

The Presidential Guidance on Vento Bands for Injury to feelings and psychiatric injury was published on 28 March 2022, these new rates will apply to any claim issued on or after 6 April 2022.

Lower Band (less serious cases) £990 to £9,900
Middle band (for cases that do no merit the upper band) £9,900 to £29,600
Upper band (the most serious cases) £29,600 to £49,300
For the most exceptional cases In excess of £49,300

Tribunal Award Statistics

HMCTS has yet to publish award statistics for 2020/2021 as a result of technical issues, we hope that these will be published soon.

The full report from 2019/2020 is available here.

Claim Maximum awarded Median Award Average award
Religion/Belief Discrimination £0 £0 £0
Race Discrimination £118,842 £8,040 £9,801
Disability Discrimination £265,719 £13,000 £27,043
Sex Discrimination £73,619 £14,073 £17,420
Sexual Orientation Discrimination £96,645 £9,245 £27,936
Age Discrimination £243,636 £11,731 £38,794
Unfair Dismissal £118,842* £6,646 £10,812

*Please note that the Maximum award is in excess of the Statutory cap as the dismissal was due to one of the uncapped reasons.

David Leach is an Associate at Sharpe Pritchard LLP.


For further insight and resources on local government legal issues from Sharpe Pritchard, please visit the SharpeEdge page by clicking on the banner below.

sharpe edge 600x100

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email This email address is being protected from spambots. You need JavaScript enabled to view it.

LACAT BookFREE download!

A Guide to Local Authority Charging and Trading Powers

Written and edited by Sharpe Pritchard’s Head of Local Government, Rob Hann,

A Guide to Local Authority Charging and Trading Powers covers:

• Updated charging powers compendium          • Commercial trading options

• Teckal ‘public to public’                                    • Localism Act

FREE DOWNLOAD

LACAT BookAvailable to buy:

A Guide to Local Authority Companies and Partnerships

An invaluable, comprehensive toolkit for lawyers, law firms and others advising
on or participating in Local Authority Companies and Partnerships”

- Local Authority Chief Executive

BUY NOW

  More Articles

Icons House

A renewable future: focusing energy solutions at a local level

Natasha Barlow and Steve Gummer discuss the 'Energy Trilemma' and how it is playing out at a local level.
Icons Date

Procurement Bill – Initial impressions from the first draft

Juli Lau and Sophie Mcfie-Hyland outline their initial impressions from the first draft of the Procurement Bill.
Icons Hazard

Let’s paint the town green! Government plans for green homes

Laura Campbell discusses the change urgently needed in towns and cities to make the landscape greener.
Icons House

The Queen’s Speech in Brief

The number of Bills which affect public sector clients is greater than usual – and the government have got straight off the starting blocks by publishing some of them already.
Icons Hazard

Refurbishment and Retrofitting: In with the old, out with the new!

Sharpe Pritchard analyse the challenge of decarbonising the construction sector.
Icons House

NET ZERO – What obligations are there on the UK to achieve it?

Radhika Devesher takes a look at the legal duty to achieve net-zero placed upon the UK.
Icons House

Championing green goals through public buying

Juli Lau considers how public purchasing power can be used to champion Net Zero goals, and how public procurement might be used as another driver for change.
Icons Hazard

Top Tips for Local Authority Lawyers advising on Data Protection Matters

Charlotte Smith and Hannah Peto set out some of their top tips to consider when advising on data protection matters.
Icons Court

The Cost of Freedom of Information – The Council’s Failure to Advise

Charlotte Smith and Nadia Ahmed summarise the case and judgement of Moss v Royal Borough of Kingston-upon-Thames and another (NJ/2018/007).
Rob Hann Photoshop

Ask the Author

These are frequently asked questions to Rob Hann from colleagues in Local Government via the Sharpe Pritchard ‘Ask-the-Author' facility concerning the subject matter of his books on local authority companies, partnerships, charging and trading.
Icons Court

A call to review public contracts with Russian suppliers

Juli Lau and Gonzalo Puertas discuss the first official document to consider public sector contracts with companies linked to the Russian and Belarusian state regimes, issued by the Cabinet Office.
Icons Date

A New NEC Option to tackle greenwashing in the construction industry

Allan Owen and Sophie Drysdale discuss 'greenwashing' in the construction industry and a new secondary option clause X29 for its NEC4 suite of contracts developed by NEC.
Icons House

The Pathway to the Future – The Road Map for Employment Tribunals

David Leach discusses and outlines the road map of the planned changes for modernising the Tribunals in 2022 and 2023 released by The Presidents of the Employment Tribunals.
Icons House

Farrar Out

Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.
Icons House

The UK government has this week introduced the Economic Crime (Transparency and Enforcement) Bill

Peter Collins and Sophie Pilcher discuss the Economic Crime (Transparency and Enforcement) Bill introduced by the UK Government this week.
Icons Hazard

A sweet truth for selectivity

Steve Gummer and Gonzalo Puertas discuss a case that concerns an application for judicial review seeking to challenge a decision to introduce a zero-duty autonomous tariff quota (“ATQ”) of 260,000 metric tonnes of raw cane sugar for refining.
Icons House

Adjudication 101: Introduction and Overview

Michael Comba traces the origins of adjudication and considers why the process was introduced, who it is aimed towards and how construction contracts must include certain provisions.
Icons Date

New Government Guidance on PFI Expiry

Rob Hann, Head of Local Government at Sharpe Pritchard, takes a look at new guidance on PFI expiry recently published by the IPA to help public bodies wrestle with the complexities of transition they will face as these contracts reach full term.
Icons Hazard

Three new Levels to ‘level up’ Local Government in England?

Rob Hann, Sharpe Pritchard’s Head of local government, takes a look at the new proposals under the Government’s Levelling Up White Paper to facilitate devolution to remaining regions of local government in England which are currently without a Mayoral Combined Authority.
Icons Hazard

Will employers still be able to use the practice of ‘fire and rehire’ in 2022?

Christian Grierson and Julie Bann discuss a recent case in which the High Court has granted an injunction preventing Tesco from using the controversial employment practice of ‘fire and rehire’.
Icons Hazard

Progress on Climate Change action plans in Local Government

Stephen Cirell discusses the progress on climate change and renewable energy action plans within Local Government.
<a href=

Witches’ hats, sexist comments, and a £2 million pay-out

Julie Bann and Christian Grierson discuss a case in which a finance specialist has won over £2 million in compensation, after claims of sex discrimination and unequal pay.
Icons Hazard

Stuck in traffic?

High Court rules “VIP Lanes” For PPE contracts breached fundamental procurement law principles, in latest Judicial Review victory for the Good Law Project.
<a href=

Local Authority Sports and Leisure provision – Challenges Post-Covid19

With the unique circumstances posed by the Covid 19 pandemic and temporary closures of Council-sponsored sports and leisure facilities, Rob Hann, Sharpe Pritchard’s Head of Local Government outlines some of the challenges the sector faces.
<a href=

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited

Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.
<a href=

The Government’s response to the Transforming Public Procurement consultation: what will change and what will not?

Juli Lau, Colin Ricciardiello, Beth Edwards and Natasha Barlow analyse the Government’s response to the Transforming Public Procurement consultation.
<a href=

Momentum for Heat Network Roll Out Gathers Pace

Steve Gummer discusses the increased momentum for a Heat Network Rollout.
Icons Hazard

Unconscious Bias, Discrimination and a Warning to Public Sector Employers

Christian Grierson and Julie Bann discuss two employment tribunal judgements, which provide a stark warning to public sector employers about unconscious bias and discrimination.
Icons Hazard

Levelling up – A new opportunity for further devolution in England?

Rob Hann explores the Government's 'levelling up' policy and looks at whether it is an opportunity for further devolution in England.
<a href=

Time limits for commencing proceedings in procurement challenges

Colin Ricciardiello discusses a landmark procurement challenge judgment on the time limit for commencing proceedings.
Icons Hazard

The Revised National Planning Policy Framework: Better design, greener outcomes?

Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.
Slide background