Fact File

Every care has been taken in compiling these notes which are for general guidance only. These notes are not intended to be a substitute for specific legal advice.

• Statutory Minimums

6 April 2010

• 6 April 2009

• 1 October 2008

• 6 April 2008

• 1 October 2007

• 1 July 2007

• 1 April 2007

• 1 October 2006

Recent and Up & Coming Legislation

Statutory Minimums

 6 April 2010

'Fit Notes'

Sick notes in England, Wales and Scotland will be replaced by 'Fit Notes' from 6 April 2010. They aim to provide clearer information to employers on an employee's medical condition and his/her ability to return to work. The GP will certify one of two options:

• ‘not fit for work’ or
• ‘may be fit for work’

The GP can add advice to the note on how simple changes to the job the employee undertakes may allow a return to work earlier. Further information can be gained from the Department of Work & Pensions who have produced an employers guide www.dwp.gov.uk/fitnote

Time Off To Train

The right is to request unpaid time off for study or training. It applies from 6 April for employers with 250 or more employees. Employees need six months' service to apply and the training must improve their effectiveness at work and the performance of their employer's business.

Trade Union Blacklisting

Regulations came into force on 2 March 2010 making it unlawful to dismiss employees or refuse employment on the grounds of trade union membership or activities.

6 April 2009

Working Time Directive – holiday extension

From 1 April 2009 all workers are legally entitled to 5.6 weeks which is equivalent to 28 days for full time workers, paid annual holiday each year. This is worked out on a pro-rata basis for part-time workers. The paid holiday entitlement previously rose from 20 days to 24 days in October 2007.

The situation is now that everyone is entitled as a minimum to four weeks' paid holiday each year in addition to and not inclusive of, the eight public holidays.

Extension of the right to request flexible working

On 6 April 2009 the long-planned extension of the established right to request flexible working to all parents of children came into force. Provided a request is received before the relevant child turns 17 it must be given full consideration by the employer.

The regulations on requesting to work flexibly are unchanged.

Dispute resolution changes

From the 6 April 2009 the following changes were made to dispute resolution in the workplace:

• repeal the current statutory dismissal, disciplinary and grievance procedures and related provisions about procedural unfairness in dismissal cases,

• contains transitional provisions which will govern when the procedures will continue to apply from 6 April 2009

• extend ACAS's powers of conciliation and remove the current fixed conciliation periods,

• tribunals will be able to adjust awards by 25% where parties have unreasonably failed to follow the revised ACAS Code of Practice on disciplinary and grievance procedures,

• amend tribunals' powers to reach a determination without a hearing,

• allow tribunals to award compensation for financial loss in certain types of monetary claim.

For more information go to the ACAS website to see ACAS Code of
Practice 1 - Disciplinary and Grievance Procedures www.acas.org.uk/index.aspx?articleid=2174

Trade union membership

From 6 April 2009 trade union membership law has been amended to allow a trade union to expel or exclude an individual on the basis of his or her membership or former membership of a political party.

1 October 2008

Maternity leave

Significant changes came into effect on 5 October 2008 regarding maternity leave rules. The major change is the abolition of a major distinction between the legal position of a woman taking ordinary maternity leave (OML) and additional maternity leave (AML) in respect of births on or after 5 October 2008.

Until 5 October 2008 the contract of employment remained in place during OML in all respects except pay. This meant that the woman retained contractual benefits such as company cars, live-in accommodation, gym membership, private health insurance, mobile phones etc during OML and continued to accrue paid holiday, occupational pensions etc at contractual rates. None of this applied once a period of AML commenced.

This distinction between OML rights and AML rights was removed. The only exception is occupational pension benefits which can stop accruing once maternity pay ceases which is typically after three months of AML.

At present the difference is as follows:

• OML: a right to return to the job in which she was employed before her absence.

• AML: a right to return to that job or, if it is not reasonably practicable, to another job which is suitable and appropriate in the circumstances.

Insurance certificates

From 1 October 2008 the requirement on employers to display a copy of their employers' liability insurance certificate in a prominent place was dropped.

It is now lawful simply to make a copy available electronically instead e.g. via an intranet system.

SSP for agency workers

Since 27 October 2008, agency workers have been entitled to claim statutory sick pay (SSP) in the same way as other members of staff. Previously they had to be employed continuously for three months by the same end user in order to be entitled to SSP.

Health and safety penalties

On 16 January 2009 the Health & Safety (Offences) Act 2008 came into force. This increases to a limited extent the range of offences that can result in the imprisonment of senior directors deemed responsible for serious accidents. It also increases the maximum penalty that the magistrates courts can impose when there is a breach of the Health and Safety at Work Act 1974 from £5,000 to £20,000.

6 April 2008

Information & Consultation Directive 2002 will require employers with 50 or more staff to inform and consult employees about developments in the workplace.

Key Points

1. Employers who have pre-existing information and consultation arrangements will only have to consider making changes where 49% of the workforce request a review.

2. Consultation can direct and indirect.

3. Where no arrangements are in place, 10% of the workforce (minimum 15 employees), can prompt the employer to put arrangements in place.

4. Consultation should cover
   a. Company developments and economic situation;
   b. Employment aspects, particular where there are potential threats to employment;
   c. Substantial changes to work organisation or contractual relations.

5. Consultation is defined in the regulations as ‘the exchange of views and establishment of dialogue'.

6. Employers are permitted to withhold information and not consult where disclosure 'would seriously harm the functioning of the undertaking or the establishment, or would be prejudicial to it'.

1 October 2007

Annual Leave (Amendment to Working Time legislation) Regulations 2007 enable employees to have a minimum of four weeks’ annual leave, in addition to bank holidays.

Key Points

1. Statutory holiday entitlement will increase to 28 days (from the current 20 days).

2. The statutory holiday entitlement will have a staged implementation increasing to:
   a. 24 days on 1 October 2007, and
   b. 28 days on 1 October 2008.

3. This will apply to all workers covered by the Working Time Regulations 1998 including agency workers.

4. The final Regulations may contain a limited ability to carry leave over from one holiday year to the next.

5. Employers must notify staff in writing of the changes to holiday entitlements.

6. There will be no qualifying period for the additional entitlement.

1 July 2007

The Smoke-free Regulations 2007 make it a criminal offence to smoke in a smoke free place.

Key Points

1. The ban on smoking covers premises that are ‘enclosed’ or ‘substantially enclosed’.

2. Work vehicles are also covered, where they are used by more than one person, including passengers.

3. No Smoking signs must be displayed in vehicles and premises or the employer will face a fine.

4. Staff smoking rooms or smoking areas are no longer permissible.

5. Employers will also face a fine if they prevent someone smoking in smoke free premises.

The following legislation is proposed and will be implemented, with possible changes, following final consultation.

1 April 2007

The Work & Families Act 2006 gives more flexibility to mothers, fathers and carers.

Key Points

1. Maternity and adoption pay is increased from six to nine months.

2. Extended rights for carers of disabled adults to request flexible working.

3. ‘Keep in touch’ commitments from employers during employees maternity leave.

4. Maternity leave is extended to 52 weeks for employees who meet service requirements.

5. Paternity leave is extended to 28 weeks for employees who meet service requirements.

6. Adoption leave is extended to 52 weeks for employees who meet service requirements.

Information & Consultation Directive 2002 requires employers with 100 or more staff to inform and consult employees about developments in the workplace.

Key Points

1. Employers who have pre-existing information and consultation arrangements will only have to consider making changes where 49% of the workforce request a review.

2. Consultation can direct and indirect.

3. Where no arrangements are in place, 10% of the workforce (minimum 15 employees), can prompt the employer to put arrangements in place.

4. Consultation should cover
   a. Company developments and economic situation;
   b. Employment aspects, particular where there are potential threats to employment;
   c. Substantial changes to work organisation or contractual relations.

5. Consultation is defined in the regulations as ‘the exchange of views and establishment of dialogue'.

1 October 2006

The Employment Equality (Age) Regulations make it illegal for employers to discriminate against employees, trainees or job seekers because of their age.

Key Points

1. The regulations covers direct and indirect discrimination, harassment and victimisation.

2. All ages are covered, both young and old.

3. Upper age limits for unfair dismissal and redundancy have been removed.

4. The national default retirement age of 65 has been introduced.

5. Compulsory retirement below 65 is now unlawful.

6. Employees have the ‘right to request’ to work beyond the age of 65.

7. Employers have a ‘duty to consider’ requests from employees to work beyond age 65.

8. The regulations cover employment, vocational training, access to perks, pay, promotion, recruitment and development.

9. The legislation covers employees and companies where age related criteria are in force to comply with other legislation e.g. being over age 18 to serve alcohol behind a bar.

10. All employment prior to age 21 counts for statutory redundancy purposes.

'All successful

people men and

women are big

dreamers. They

imagine what their

future could be,

ideal in every

respect, and then

they work every

day toward their

distant vision, that

goal or purpose'.

Brian Tracy