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.

• 1 October 2006

• 1 April 2007

• 1 July 2007

• 1 October 2007

• 6 April 2008

• Statutory Minimums

Recent and Up & Coming Legislation

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.

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 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 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.

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'.

Statutory Minimums