Employment Law Current Rates and Limits 2021-22

Emma Gross
13 April 2021

The latest rates of certain statutory payments and upper and lower limits on employment tribunal awards

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Statutory Payments for Time Off Work

Category

Rate as of April 2021

Maternity, adoption, paternity and shared parental pay

£151.97

Statutory sick pay

£96.35

Statutory redundancy pay

£16,320

 

National Minimum Wage

Category

Hourly Rate

Apprentices

£4.30

Age 16 – 17

£4.62

Age 18 – 20

£6.56

Age 21 – 22

£8.36

National Living Wage 

(age 23+)

£8.91

From 1 April 2021 the National Living Wage was extended to 23 and 24 year olds.

 

Employment Tribunal Compensation Limits

Category

Rate

Week’s pay for the purposes of calculating statutory redundancy

£544

Statutory redundancy payment: up to 30 weeks’ pay

£16,320

Unfair dismissal basic award: up to 30 weeks’ pay

£16,320

Unfair dismissal compensatory award

£89,493

Automatically unfair dismissal basic award

£6,634

Failure to reinstate or re-engage: 26 – 52 weeks’ pay

£14,144 – £28,288

Breach of right to be accompanied: up to 2 weeks’ pay

£1,088

Breach of flexible working regulations: up to 8 weeks’ pay

£4,352

Failure to give written particulars of employment: 2 or 4 weeks’ pay

£1,088 – £2,176

Breach of contract claim in Employment Tribunal

£25,000

Failure to inform or consult: collective redundancy

90 days’ pay

Failure to inform or consult: TUPE transfer

13 weeks’ pay

 

Gender Pay Gap Reporting

Section 78 of the Equality Act 2010 gives the government power to make regulations requiring private and voluntary sector employers to publish information relating to their gender pay gap.

The Gender Pay Gap Regulations came into force on 6 April 2017. They apply to large private and voluntary sector employees, defined as those with 250 or more employees on the 5 April of each year.

Due to the continuing impact of the Coronavirus (COVID‑19) pandemic, employers have an additional six months until 5 October 2021 to report their gender pay gap information.

Affected employers must publish:

  • Overall gender pay gap figures for relevant employees, calculated using both the mean and median average hourly pay.
  • The proportion of men and women in each of four pay bands, based on the employer’s overall pay range.
  • Information on the employer’s gender bonus gap.
  • The proportion of male and female employees who received a bonus in the same 12 month period.
  • A written statement signed by an appropriate senior individual confirming that the published gender pay gap information is accurate.

 

Vento Guidelines

In the leading case of Vento the Chief Constable of West Yorkshire Police (No. 2) [2003] IRLR 102, the Court of Appeal set clear guidelines for the amount of compensation to be given for injured feelings and set out three bands as potential awards.

In respect of claims presented on or after 6 April 2021, the Vento bands are as follows:

Lower Band Rate
“Appropriate for less serious cases, such as where the act of discrimination is an isolated or one off occurrence” £900 – £9,100
Middle Band  
For serious cases which do not merit an award in the highest band £9,100 – £27,400
Top Band  
For the most serious cases, such as where there has been a lengthy campaign of harassment £27,400 – £45,600

Awards can exceed this only in the most exceptional cases

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Emma Gross
Partner – Employment, Data Protection
Emma Gross is a Partner Solicitor at Spencer West. She specialises in Complex employment tribunal cases, data protection and the GDPR, negotiating settlements and advising on fair and reasonable redundancy procedures.