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Employment Law

Legal guidance - compliance - software

01 DEC 2010

December 2010 Legislation Update




Autumn 2010

Equality Act

The overall effect of the Equality Act is to consolidate and harmonise, as far as possible, all the current discrimination legislation into one Act. The Act will also, among other things, extend to outlaw age discrimination in the provision of goods and services. The main provisions of the Act came into force on 1 October 2010. Meanwhile, the government is currently consulting on how best to implement the public sector equality duty, and certain provisions, including the public sector socio-economic duty, new provisions relating to positive discrimination in recruitment and dual discrimination, are still under consideration.

June 2011

Changes to the European Works Council Directive (94/45)

The proposed changes aim to increase the use of EWCs and address the lack of certainty currently found in some parts of the Directive. The proposed means to achieve this include new definitions of information and consultation, and an obligation that arrangements for informing and consulting employees must be defined and implemented to ensure the effectiveness of the procedure and decision-making.

October 2011

Temporary Agency Workers Directive

The CBI and TUC reached agreement that agency workers should receive equal rights to comparable permanent workers after 12 weeks. The text of the draft Temporary Workers Directive has been agreed in the Council of the European Union and approved by the European Parliament. The Regulations are due to come into force next October; however the BIS website states that the government is ‘currently considering the issue of implementation' and no guidance has yet been published on the Regulations.

April 2011

Additional Paternity Leave Regulations 2010

The Regulations confer a new right for employee fathers (and the partner or civil partner of a birth mother) to take additional paternity leave of up to 26 weeks, some of which could be paid, if the mother returns to work. The right applies in respect of children whose expected week of childbirth is on or after 3 April 2011.

1 August 2012

Directive amending the Working Time Directive (2000/34)

Final date for full implementation of the Working Time Directive in relation to junior doctors. The 48-hour week will apply.


Pensions Act

The Pensions Act would give all jobholders aged over 22, earning more than £5,000 a year, access to a workplace pension scheme with minimum employer contribution. The Act proposes automatic enrolment into a qualifying scheme from 2012 and the introduction of the new personal accounts scheme for those employers who do not currently operate a pension scheme.


Education and Skills Act 2008

The Act obliges employers in England and Wales to release young people for education or training, and check whether a young person is participating in education or training before employing them.

This new duty to participate will start to come into force after 2013 but there are many details still to be specified in regulations and practice.

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