Welcome to the first issue of ELA Briefing in 2016. At the end of 2015 I took the view that the coming 12 months would be a period of ‘not too much happening’. I don’t depart from that, despite reading the various breathless updates, blogs and tweets proclaiming the ‘12 things EVERY employment lawyer should watch out for in 2016’, ‘the top eight things YOUR client will ask you about in 2016’ and the ‘five things YOU MUST know in employment law in 2016’. Roundtable events, seminars, workshops, masterclasses and other events abound, where one can network, share ideas and watch the titans of the employment law world stride across the stage, dispensing tips, tricks and traps, like ancient monarchs giving alms to the poor. Perhaps there isn’t that much work to do.

It is not to say that there will be no changes of note. There will be things that will inflame passions, tax our intellectual capacity or both. The proposed reforms to industrial action balloting, picketing and so on will undoubtedly lead to battles, certainly oral, possibly street. Some politicians and union leaders have vowed to break the law and face the consequences of doing so.

Various reviews are likely to report their findings and conclusions. These will include the Government’s review into the impact of tribunal fees, as well as the Justice Select Committee’s report. I predict the likelihood of either leading to any significant change is less than evens. That is not to diminish the importance of access to justice and one’s ability to enforce what rights one has. I am increasingly pessimistic that change is on the horizon.

I think that ‘money’ is going to move centre-stage over the coming 12 months. Most obviously, the National Living Wage is introduced from April and this will make a difference to many, many workers and employees. For those on minimum wage earnings, their gross wages will rise by more than 7%. With inflation bumping along at or about zero, that is significant.

Regulations covering gender pay reporting will also be introduced later this year. While it is unlikely that this, in itself, will lead to ‘equal pay’, it will lead to more information being available, greater attention and, perhaps, more scrutiny, such that pressure can be exerted to quicken the pace of change. Money will also figure in further tribunal reform. Measures are proposed for the enforcement of tribunal awards, including financial penalties for employers that breach employment rights. There will also be amendments to the costs regime in relation to the late postponement of hearings.

Add to this proposals on the taxation of termination payments, restrictions on public sector exit payments, claw-back provisions and the on-going holiday pay litigation that has done a sterling job in stemming defections from the employment bar to ‘sports law’ (or some such similar area), and there is a veritable feast for the numerate employment lawyer to get his or her teeth into.

Perhaps too often we look to Government or the courts to introduce or amend laws and regulation to achieve certain results. One of the things that fascinated me over the course of the last three months of 2015 was how ‘people power’ and campaigning could achieve real change, without a single law being introduced or amended. A very successful campaign was run in relation to the practices of a number of restaurant chains that deducted 8% of the service charge left on credit and debit charges by diners, who thought they were leaving it to the staff. Giraffe, Ask, Zizzi, Byron Burger and most recently the Casual Dining Group, owners of Bella Italia, Belgo and Café Rouge, have all said they too will scrap the fee and hand 100% of tips to staff. Pressure was also brought to bear on Sports Direct over wages, zero hours contracts and unpaid time taken up with searches, leading to the owner committing to spend £10 million on boosting staff wages.

Politicians and judges take note.

Alex Lock, DAC Beachcroft LLP