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Employment Law

Legal guidance - compliance - software

01 JUN 2010

June 2010 Legislation Update

Date

Legislation

Details

2010

Default retirement age to be reviewed

If the default retirement age is found to be no longer necessary then any changes will not be implemented until 2011 in order to allow employers to prepare and employees to consider their retirement plans.

Autumn 2010

Equality Act

The overall effect of the Equality Act is to consolidate all the current discrimination legislation into one Act. The Act will also, amongst other things, extend to allow increased positive action in limited circumstances for disadvantaged groups and outlaw age discrimination in the provision of goods and services. The main provisions of the Act are due to come into force in October 2010. Meanwhile the public sector equality duty, the socio-economic duty and provisions dealing with double discrimination are anticipated to come into force in April 2011, while the ban on age discrimination in the provision of goods and services is due to come into force in 2012.

June 2011

Changes to the European Works Council Directive (No 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 Agency Workers Directive has been agreed in the Council of the European Union and approved by the European Parliament. The government has recently launched a consultation on the draft Regulations, which will be finalised next year but will not come into force until October 2011.

April 2011

Work and Families Act 2006

The government proposes to introduce additional paternity leave and pay by April 2011. Additional paternity leave and pay will entitle employed fathers up to 26 weeks' additional paternity leave, some of which could be paid, if the mother returns to work. The scheme came into force on 6 April 2010 and will have effect for parents of children born on or after 3 April 2011.

1 August 2012

Directive amending the Working Time Directive (No 2000/34)

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

2012

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 a minimum level of employer contributions. 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.

2013

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 and there are many details still to be specified in regulations and practice.

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