Employment law solicitors groups exist to help make sure that employee rights are respected. Of course, ensuring that employers are aware of the complexities of employment law is a major part of this role. This is why whenever there is some sort of change to UK employment law, employment law solicitors are so visible in the media explaining the new rules. A very recent example is that of the Equality Act which was explained many times over by solicitors in the press. However, as well as the implementation of the Equality Act at the beginning of October, there were other changes to employment law this month. Of course, the National Minimum Wage also went up.

Of course, most employment law solicitors know that the majority of reasonable employers are fully aware of what they should be paying their workers. But there are areas which are not so clear. For the first time the age at which an employee qualifies for the highest level of NMW has been reduced to 21 and apprentices now receive a NMW whilst they are under 19 or in their first year of training.

Employment law solicitors also state that there is some confusion occasionally regarding who is entitled to the NMW. As a rule of thumb, most adults who are legally working in the UK are entitled. This is the case regardless of whether they work casually, full time or part time and even if they have no written contract of employment. People who are not entitled are those who are self-employed, volunteers, still of compulsory school age, students on work placements of under a year which form part of their HE or FE course and those people on certain government employment programmes.

Employment law solicitors say that employees are often unsure whether any benefits offered as part of an employment contract count towards the NMW. Accommodation provided by an employer to an employee can count as part of the NMW, but only to the value of £32.27 each week. However, benefits such as a company car or fuel allowance, or contributions to a pension made by an employer do not count.

If an employer believes that they are entitled to receive the NMW but aren’t doing, they should seek advice from either the CAB or employment law solicitors. It is HMRC which has the power to enforce NMW legislation. HMRC can serve employers with a fine, as well as obliging them to repay to workers what is owed.

There was plenty of media coverage lately of the Prime Minister David Cameron taking two full weeks of paternity leave following the recent birth of his daughter, Florence. However, for the general population, many employment law solicitors believe that the rules are relatively complex and that this might mean some men do not take their entitlement. Any decision which the Coalition government should make regarding paternity leave will be of much interest to employment law solicitors therefore.

At present, new fathers with sufficient service at their company are able to take two weeks of paternity leave with statutory paternity pay at the lower of £124.88 per week, or 90% of their average weekly salary. But, as employment law solicitors have pointed out, many fathers are unable to take time off on such low pay. Indeed, a 2009 survey showed that 45% of new fathers neglected to take the leave they were entitled to, despite 88% claiming they would have liked to. Say employment law solicitors, this shows that the present rate of statutory paternity pay is just not high enough.

The previous Labour government introduced a new idea before the election, Additional Paternity Leave, which would permit mothers to pass on the latter half of their maternity leave to their partner. Employment law solicitors pointed out that such a plan would give fathers fairer access to leave. But many trade organisations argued that it would have produced too much bureaucracy. The Coalition still hasn’t decided whether or not to continue with plans to implement these regulations.

Nevertheless, employment law solicitors, parents and businesses all seem to be in agreement that a streamlined and fair set of rules should be put in place. The Coalition has very publicly stated its support for flexible parenting from early stages of pregnancy. This could be an indication that the Lib Dem’s suggestion of giving fathers the right to time off work to attend antenatal appointments could yet be passed.

Whatever happens with paternity leave, there is no denying that much needs to be done to ensure a fair and financially viable system is created. For the moment though, everyone from fathers, to employment law solicitors will be listening out for updates with interest.

Employment law solicitors are warning companies to be prepared for forthcoming increases in the National Minimum Wage. Following the recent outcry in the media regarding unpaid internships which were often illegally requiring young people to work for free, much emphasis has been placed on the importance of employers protecting themselves from potential tribunal claims by keeping up to date on changes.

Employment law solicitors and the Low Pay Commission are welcoming the introduction of higher minimum wage requirements. One area of the minimum wage law which has been very popular is the reduction of the age of qualification for the highest level of pay from 22 to 21. This entitles those aged 21 and over to earn £5.93 per hour. Workers aged between 18 and 20 must be paid at least £4.92. And any 16 or 17 year olds who are above school leaving age must be paid £3.64 an hour. There are of course some exceptions. Employment law solicitors are particularly careful to underline that even interns are entitled to this level of payment.

A minimum wage for apprentices has also been introduced for the first time. Those under 19 must earn £2.50 an hour. The same rate applies for apprentices over 19 in their first year of the apprenticeship.

Employment law solicitors and low pay campaigners have long been trying to get across the message that even trainees and interns are entitled to the minimum wage. In fact, most UK workers over school leaving age must be paid the minimum wage. This is regardless of how often they are paid or by what means. Both full and part time workers are covered by the legislation.

Employment law solicitors advise that very few people are not entitled to the minimum wage, but they include: prisoners, the armed forces and the self-employed. The employment law solicitors’ advice is that companies check their policy and ensure they are paying workers legally in order to avoid costly employment tribunal claims in the future.