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Employment Law

Legal guidance - compliance - software

01 MAR 2010

March 2010 Legislation Update

Date

Legislation

Details

Spring 2010

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010

Sick notes to be replaced with ‘fit notes'. Fit notes will allow the doctor to indicate whether an employee is fit for some work and suggest actions that could be taken by the employer.

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 to allow employers to prepare and employees to consider their retirement plans.

Autumn 2010

Equality Bill

The overall effect of what will become the single Equality Act is to consolidate all the current discrimination legislation into one Act. The Act will also, amongst other things, extend to positive action and outlaw age discrimination in the provision of goods and services.

The Bill is expected to get royal assent early this year.

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 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 2010

Right to request time off for training

A right to request time off work to undertake training, modelled on the right to request flexible working will be available for all employees who have been employed for not less than 26 weeks. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. The right will apply to organisations with 250 or more employees in April 2010, with legislation being extended to cover all employees from April 2011 at the earliest.

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 entitled employed fathers up to 26 weeks additional paternity leave, some of which could be paid, if the mother returns to work. The scheme is due to be in force by 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 pensions 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.

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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