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Employment Law

Legal guidance - compliance - software

01 JUN 2011

June 2011 Legislation Update




June 2011

Transnational Information and Consultation of Employees (Amendment) Regulations 2010

These Regulations amend the European Works Council Directive in order to increase the use of European Works Councils 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.

July 2011

Bribery Act 2010

Following publication of the Ministry of Justice's Bribery Act guidance in April 2011, the Act itself will come into force on 1 July 2011. It replaces the old patchwork of statutory and common law offences with an up-to-date, consolidated set of bribery and corruption offences. It also introduces a new corporate offence of failing to prevent bribery (which is widely defined). Employers will need to prove that they have in place adequate procedures designed to prevent persons associated with them from undertaking prohibited conduct.

October 2011

Agency Workers Regulations 2010

The Agency Workers Regulations 2010 will come into force in October 2011. These give temporary agency workers used by a hirer for 12 weeks or more the same basic working and employment conditions (including pay and holiday) as if they had been recruited directly by the hirer to do the same job. Draft guidance has been published by the Department of Business, Innovation and Skills and final guidance is expected shortly.

March 2012

Parental Leave Directive 2010/18/EU

The UK is required to bring into force the provisions of the Parental Leave Directive, which increases the minimum parental leave after the birth or adoption of a child from three to four months by March 2012. The Directive requires that at least one of the four months will not be transferable between parents.


Pensions Act 2008

The Pensions Act would give all jobholders aged over 22, earning more than £7,475 a year (in 2011), access to a workplace pension scheme with minimum employer contributions. The Act comes into force in 2012 and requires automatic enrolment into either a qualifying pension scheme or the National Employment Savings Trust 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 to 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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