Events

This week, Employment Rights Awareness Week, Citizens Advice across Warwickshire will be focusing on making sure workers across the county are aware of basic employment rights and recent changes to employment law which might affect them. 

 

Understanding employment rights, and how to exercise them, is vital to surviving and thriving in work. Whether referring to statutory rights or contractual rights it is in every workers’ best interests to know about what they are entitled to as a matter of law.

It is also important to know where to turn to find out more about these rights and how to exercise them; especially if you are in part-time, low paid, temporary or insecure work.

All employment rights are either statutory (applicable to everyone) or contractual (specific to your employment contract). 

They can apply differently to workers in different circumstances so it is important to understand what your ‘employment status’ is and what you are entitled to.

Contractual rights can only build on statutory rights, they cannot undermine them.

For information on all aspects of your status and rights as an employed person go to the Citizens Advice website at https://www.citizensadvice.org.uk/work/ and search for what you need.

 

Recent Changes in Employment Law which might affect you (from April 6, 2024).

There have been changes to a number of statutory employment rights coming into force recently, prompting the need for this update. Below we make reference to four of them. Please find out more if any apply to you.

 

1. Paternity Leave.

Employees taking statutory paternity leave (and pay, if they are eligible) can now split their two weeks’ entitlement into two separate one-week blocks, rather than having to take them both together. They can also take their two weeks at any time within the first year after their child’s birth, rather than within only the first eight weeks after birth as previously required. 

Employees now have to give employers 28 days’ notice for each week of leave, down from 15-weeks’ notice previously, before taking leave. 

For more on this go to https://www.acas.org.uk/paternity-rights-leave-and-pay/taking-paternity-leave .

 

2. Protection against redundancy for pregnant workers.

Employees taking certain types of parental leave now have more protection from redundancy for at least 18 months. This protection means that if their role is made redundant their employer must give them first refusal of any other equivalent vacancies.

Protection now begins on the day the employer is first notified of the employee’s pregnancy and ends 18 months after the date of the child’s birth.

For more on this go to https://www.employmentlawwatch.com/2024/02/articles/employment-uk/uk-redundancy-protection-significant-changes-from-april-2024/ .

 

3. Carers’ Leave.

Employees are now entitled to take one week of unpaid leave a year if they have caring responsibilities. 

This applies to any employees who are caring for a spouse, civil partner, child, parent or other dependant who needs care because of a disability, old age or any illness or injury likely to require at least three months of care. 

The leave entitlement is available from the first day of employment with no qualifying period. 

For more information go to https://www.carersuk.org/help-and-advice/work-and-career/the-carers-leave-act-2023/ .

 

4. Flexible working rule changes.

Employees can now make two rather than one request a year for flexible working, and the deadline for employers to respond to requests has been reduced from three to two months.  

Employers will also have to explain the reasons for denying any request, and employees no longer have to explain the impact of their request. However, the list of reasons employers can use to deny requests is remaining the same, including factors such as cost to the business or impact on quality, performance or ability to meet customer demand. 

For more on this go to https://www.personneltoday.com/hr/flexible-working-changes-2024-law-act-legislation-regulations-hr/ .

 

The changes referenced above are not the only changes to employment law expected this year. Go to https://commonslibrary.parliament.uk/what-employment-laws-are-changing-from-april-2024/ for a review of what more might be coming our way in 2024.

 

The purpose of employment rights is to protect and empower workers against dangerous or damaging working practices and poor employer behaviour.  In extreme cases such behaviour can amount to exploitation or versions of ‘modern slavery’.

To find out more about what ‘modern slavery’ is, and how to spot and report it, go to https://nationalcrimeagency.gov.uk/what-we-do/crime-threats/modern-slavery-and-human-trafficking .

 

Finally, for those of us who find ourselves in a difficult situation at work and don’t immediately know where to turn, there is free expert support out there providing information, advice, guidance and/or advocacy services.

 

The Advisory Conciliation and Arbitration Service (ACAS) provides a free confidential helpline for anyone who needs employment law or workplace advice, including employers, employees and workers. They can talk through:

• any work-related problem or question you have
• what the law says and how it relates to you
• good practice at work
• your options, including any risks and benefits.

You do not have to give any personal details. The helpline number, open Monday-Friday 8am-6pm, is 0300 123 1100. 

To speak to them in another language, call the helpline above and ask for an interpreter. They can provide one straight away.

More information on their service can be found at https://www.acas.org.uk/advice .

 

The Pay and Work Rights Helpline and Complaints Service provides a channel for you to make complaints about your employer or employment agency directly to the appropriate regulating agency; for example, to HMRC for issues related to the National Minimum / National Living Wage.

More information on this service can be found at https://www.gov.uk/pay-and-work-rights .

 

Membership of a Trade Union will also guarantee access to employment advice and support.

 

For general advice on what to do if you have a problem at work go to: https://www.citizensadvice.org.uk/work/get-help/what-help-can-i-get-with-a-problem-at-work/ .

Reliable, secure, well paid work is a path out of poverty but only if workers are treated with respect in and out of the workplace. Knowing your rights, exercising your rights and protecting your interests will help you survive and thrive in work.

Following on from our blog earlier this week, today’s messages focus on what you need to know to help you deal with Council Tax (CT) arrears.

 

Households accumulate CT arrears for several reasons; not solely because they have sufficient income to cover their CT liability. Below are three of those additional reasons:

 

1. Those liable for CT don’t realise that they are entitled to a discount or an exemption, even a write-off, so are paying a much higher liability than they should be;
2. Those liable for CT do not notify their local authority of a material change to their circumstances – such as an increase in their income – leading to an overpayment of Council Tax Support (CTS) which needs to be paid back; and,
3. An interruption in someone’s means-tested benefit claim – particularly Universal Credit – can lead to an automatic (though often erroneous) suspension or termination of their CTS claim which the claimant isn’t aware of until it’s too late. 

 

In all these scenarios measures can be taken to either prevent these issues arising or, retrospectively, to minimise the damage done. Ask your local independent advice service for guidance on this or go to https://www.moneyhelper.org.uk/en/money-troubles/dealing-with-debt/help-if-youre-struggling-to-pay-council-tax for more information on related issues.

 

To understand how to deal effectively with (potential) CT arrears caused by non-payment it is important to, briefly, understand the CT ‘debt recovery process’. This journey, for a liable  householder, runs as follows:

 

1. CT bills are received in February or March with full payment required before April.
2. If full payment is not received in time, or a monthly repayment plan is not agreed, the householder becomes liable for the full payment as a debt.
3. One or two reminders are sent to the householder; the number and tone varying between local authorities.
4. If repayment is still not made the local authority will go to court to seek a Liability Order (LO) legally clarifying the amount owed and who owes it.
5. If payment is not made immediately the local authority can then avail itself of a range of enforcement options, namely:
   1. Referring the case to commissioned Enforcement Agents (‘bailiffs’) who can visit properties, take possession of goods and sell them to recover the debt .
   2. Move to agree with the DWP a direct deduction from your welfare benefits.
   3. Arrange an ‘attachment to earnings’ to take repayments directly from your wages.
   4. Put a Charging Order on your property, if you own it, in order to recover the debt should the property be sold.
   5. Instigate bankruptcy proceedings to recover the debt, or, 
   6. In exceptional circumstances, where the local authority believes it can prove to a court that you have willfully refused to pay even though you have the means to pay, the local authority can ask that you be committed to prison for non-payment.

 

For more details on all of these options go to https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-urgent-debts/dealing-with-council-tax-arrears/ .

 

At every stage, once a debt has accrued – especially after a Liability Order has been obtained – it is in the householder’s interests to contact the local authority directly as soon as possible to discuss and agree a repayment plan.

 

Local authorities are obliged to ensure repayment plans are affordable, so be ready with an up-to-date statement of your income and expenditure.

 

Local authorities (and bailiffs) will also be sensitive to debtors “with vulnerabilities”, so make sure they know about any vulnerabilities in the household which might make payment more difficult or amplify the impact of debt recovery.

 

To help ease repayments conventional repayment periods of 10 months can be extended to 12 at the local authority’s discretion.

 

Finally, in exceptional circumstances, where the householder has no realistic ability to repay their debts and trying to repay them would cause severe financial hardship, the local authority can use its discretion to write-off all or part of the liability under what is known as a ‘section 13a decision’.

 

If you are faced with CT arrears for any of the reasons referenced above, but feel unable to resolve the issues satisfactorily by yourself, you must seek independent expert advice from organisations providing free, impartial and confidential accredited debt advice such as Citizens Advice, National Debtline or Stepchange.

 

Don’t let fear of debt stop you from taking control of your finances.

 

Editor’s Note

The guidance provided above is accurate at the time of writing but is not exhaustive. Please seek expert advice before taking important steps in your debt management journey.

This week Citizens Advice across Warwickshire are raising awareness of how to save money on Council Tax bills and what to do if you feel you are at risk of not being able to pay your Council Tax.

While rules around Council Tax can vary between local authorities there are many common features of Council Tax policy and discounts. Below is some useful guidance described in the form of an answer to a question from one of our clients.

My council tax bill is coming out in March and I am dreading opening it as it always goes up. My income has stayed the same but everything else seems more expensive and I have hardly anything left over – how will I cope if my payments for this year go up?

Many of us are feeling overwhelmed as we see our basic bills and essential costs go up. You’re not alone in finding things difficult and, crucially, there’s support available. First off, there are discounts available to some people depending on their circumstances. You can check your bill or contact your council to find out if you might be eligible for an automatic reduction to your council tax.

If you’re not getting a discount, you might still be entitled to one. It depends who lives in the property. So, if you’re the only adult in your home, you’ll get a 25% discount on your council tax bill. When working out how many people live in a property, some people aren’t counted- they’re called ‘disregarded people’ and include under 18s, a student nurse or someone on an apprenticeship scheme and many more. Check the government website for more details.

If everyone who lives in the property is disregarded, you will still receive a council tax bill, but it will have a 50% discount. However if everyone in your home is a student or severely mentally impaired, you won’t pay any council tax. Additionally, if someone has moved out, tell the council as this might change your eligibility. If you are entitled to a discount as a result, it will be valid from the date when the person
moved out, even if you told the council after the event, and the reduction may be backdated.

If you think you might be eligible you should apply to your local council for a discount as soon as possible. You can find your council’s contact details on GOV.UK.

You mention that your income hasn’t increased. If you are on a low income you might be able to get your council tax reduced. If you get benefits or have other people living with you, this might affect how much your council tax is reduced by. Your local council will ask you details about your income and your circumstances, so they an work out if you’re entitled to a council tax reduction. They will then calculate your new bill and tell you how much council tax you need to pay.

If you have other people living with you who are aged 18 or over, you might all be responsible for paying council tax. Only one of you needs to apply for a council tax reduction. The council will make a decision and reduce the amount of council tax you have to pay accordingly.

You may also be eligible for additional support if you’ve reached State Pension age which you can check on the government website can GOV.UK If you’re under State Pension age, the ‘working age rules’ apply and if you’ve reached State Pension age, it depends if you or
your partner get certain benefits. The working age rules still apply if you’ve reached State Pension age and you or your
partner get:

• Universal Credit
• Income-based Jobseeker’s Allowance (JSA)
• Income-related Employment and Support Allowance (ESA)
• Income Support.

If you’ve reached State Pension age and don’t get any of these benefits, the ‘pension age rules’ apply. Even if none of the reduction criteria applies to you, your local council can still reduce your council tax bill or cancel it altogether, this is called ‘discretionary reduction’. They’ll normally only do this if you can show that you’re suffering severe hardship and can’t afford to pay Council tax.

If you’re in this situation you should ask your local council for help. You’ll need to show them evidence of your circumstances. If your immigration status doesn’t let you claim public funds, you can still apply for a discretionary reduction. A discretionary reduction doesn’t count as public funds.

We know that times are incredibly tough and council tax is a priority bill so it’s important to keep in contact with your council if you can’t keep up payments. Citizens Advice is here to help you find a way forward, without judgement, working with you side by side.

Later in the week we will be sharing useful information on what to do if you are at risk of not being able to pay your Council Tax so look out for that.

Editor’s Note

The overwhelming majority of the content for this blog is replicated with permission from an article first published by Samantha Wostear of Citizens Advice on February 8th 2024.

CASW wishes everyone a very happy festive break.

This year, more than most, our staff and volunteers need a good break after a tough year. We will be closed from 1pm on Friday 24th December to Monday 3rd January. We re-open on Tuesday 4th January. 

We recognise it is also a hard time for people living in south Warwickshire with advice needs that cannot wait until the new year. If you need our support, please call the national adviceline – 0800 144 8848 – during following hours over  the Christmas period:

24th December – 9am-1pm
27th December – Closed
28th December – Closed
29th December – 9am-5pm
30th December – 9am-5pm
31st December – 9am-1pm
3rd January – Closed

Foodbanks

Warwick District Foodbank 
Closed from Friday 24th December and reopen on Tuesday 4th January with the session at Southorn Court, Lillington at 11:00am.

Stratford-on-Avon District Foodbank 
Distribution sessions remain unchanged except for Monday 27th December – CLOSED.

For an emergency contact the Foodbank direct on: Email: referrals.suafoodbank@gmail.com or Call: 07736 929029

Thank you for your interest in our newsletter. For the latest edition, please click here 

You can Subscribe to our newsletter here.

On Thursday 18th November at 10.30 we will be holding our AGM on Zoom. 

Please join us and hear about our achievements in 2020-21

We have a range of speakers to tell you more about our work, our usual awards and of course the business of our AGM

Click here to book your place

Members’ voting papers: 

Citizens Advice South Warwickshire – Signed Financial Statements 31.03.2021 (2)

2021 AGM CASW Notice of meeting 2021

2021 AGM CASW Members Proxy Vote

Minutes of 2020 AGM 10.11.20

 

Thank you for you interest in our newsletter, to view our latest edition, please click here

You can Subscribe to our newsletter here.

Local charities Citizens Advice South Warwickshire and Stratford-upon-Avon Foodbank have joined forces to help people access the help they need.

This project was developed between the two partner charities in response to the current pandemic, each bringing unique and specialist support to the people they help.  Following a positive start before Christmas the project saw 65 people in its first 6 weeks.

Julie Newton is the dedicated caseworker for this project on behalf of Citizens Advice South Warwickshire and has been working alongside Stratford-upon-Avon Foodbank since October 2020.

“I was excited to be involved from the start of this project and offer help and advice, whether it’s a benefit issue, employment or any other crisis.  It has been inspiring to contact people and make a difference to their lives because otherwise they would not have known where to turn to for help So far, the difficulties people have faced include high energy bills, hospital travel costs and homelessness.”

Anyone needing support from Stratford-upon-Avon Foodbank is able to access support from Julie at Citizens Advice South Warwickshire and all foodbank staff and volunteers are able to make a referral directly to the project for Julie’s support.

Among a handful of funders backing the project are Asda and the Misses Barrie Charitable Trust. The project is currently running for 12 months until October 2021, during which time it aims to help around 200 people build a more financially sustainable future for themselves and their families.

Marion Homer, Manager at Stratford-upon-Avon Foodbank said: “It is sad that so many people need our help at the Foodbank so our aim is to work out their needs. Together with Citizens Advice South Warwickshire providing longer term advice and solutions, we believe we are edging closer to solving the problems that cause people to be without food.”