EMPLOYMENT LAW TRAINING AND EMPLOYMENT LAW CONSULTANCY
Section One |
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Employment Legislation - Recent Important changes and a Timetable for the Twelve Months from October 2007 |
July 2007
- DTI changes name
The Department of Trade and Industry will be disbanding and replaced by DBERR: the Department for Business, Enterprise and Regulatory Reform For the time being, its website continues to be found at http://www.dti.gov.uk/
According to the Daniel Barnett website the new Dept (DBERR) has been nicknamed “Chris” by staff of a certain age - you may need to think about that one!!
- Statutory Discipline Procedures
Just as we start to understand them, they look like they will be changing again!
The 2004 Dispute Resolution Regulations attracted universal criticism from the TUC, employers, lawyers and tribunals alike. Earlier this year the Secretary of State at the Department of Trade and Industry (DTI) announced a review of the Regulations. The DTI has now published an independent review of employment dispute resolution procedures, which calls for a radical overhaul of the current approach to resolving workplace disputes. The central recommendation is that the Government should repeal the statutory dispute resolution procedures introduced by the Employment Act 2002 (Dispute Resolution) Regulations.
Until law is amended though, it is important that all cases of discipline, particularly those involving dismissal, closely follow the Statutory process.
- Amicus and T&G merge to create a new trade union
Two of the UK’s largest trade unions have merged to create Unite, the UK's biggest trade union. In the ballot to approve the creation of the new union, the T&G gave the go-ahead by 86.4% for merger and Amicus members voted 70.1% for merger.
Both unions achieved a 27% turnout which does not exactly represent overwhelming interest from the Members!
- Smoking Ban in Workplaces in England
The restriction on smoking in enclosed or substantially enclosed workplaces came into effect in England on 1 July. All Employers should now display a “no smoking” sign on the premises from this date. There are very few exemptions to the smoking ban. The law affects most public premises, including workplaces and work vehicles. Some exemptions are listed below:
- Residential Accommodation
- Designated rooms in adult care homes
- Adult Hospices
- Designated Rooms in hospitals and psychiatric units
- Designated hotel bedrooms
- Detention or interview rooms which are designated rooms (inc prisons)
- Designated rooms in offshore installations
- Private Vehicles (Company vehicles are covered by the ban where more than one person might use the vehicle - unless it is a convertible with the roof off!)
August 2007
- The maximum hours of doctors in training reduced to 56 hours per week (from 58) as part of the Working Time Regulations. The current aim is to have junior doctors complying with the Working Time limit of 48 hours per week (on average) by July 2009.
September 2007
- Education (School Teacher Performance Management) (England) Regulations 2006 come into force The Regulations provide for the management and review of the performance of teachers and require governing bodies and local education authorities to establish and implement a performance management policy for their teachers.
- Employers advice for Ramadan
Law firm DWF has offered a series of tips for employees on accommodating Ramadan in the workplace. Some simple changes to the usual routine - such as allowing breaks at different times of the day - could lead to greater harmony in the workplace and help avoid charges of discrimination. Ramadan this year takes place from September 13 to October 11 with Eid ul-Fitr, the celebration at the end of the holy month, on October 12. During Ramadan, Muslims fast from dawn to dusk and pay particular attention to spiritual matters.
Employers should:
- look at special requests for annual or unpaid leave;
- consider flexible working or changing shift rotas to accommodate breaking the fast;
- consider allowing time off to pray, especially at sunset;
- encourage gestures such as sending Eid cards, in a similar way to Christmas cards;
- avoid organising social events during major religious festivals so as not to exclude certain religions;
- consider allowing meal breaks at different times, for example lunch breaks at dusk to coincide with breaking the fast;
- consider training/informing staff on different religious events.
- Employers do not have to allow time off or changes to the usual routine if it would adversely affect the business. However, it is good practice to do so wherever possible.
October 2007
- Holidays. Holiday rights increase to 24 days per annum, 16 days plus 8 Public Holidays in England and Wales. The next amendment, to 28 days per year inclusive of Public Holidays will not now come in until April 2009, 6 months later than initially planned.
See Section Two “The Law in more detail” for more on this.
- The Commission for Equality and Human Rights begins to oversee discrimination issues, taking over from the Disability Rights, Equal Opportunities and Racial Equality Commissions. The body will merge the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission, and take responsibility for the new laws outlawing workplace discrimination on grounds of age, religion or belief and sexual orientation. It will also be responsible for promoting human rights.
Alongside this are proposals to harmonise all discrimination laws using a single “Equality Act”. The DTI held a consultation exercise on this (which ended in September), which is expected to be the first step in a lengthy and difficult process. Those hoping for radical reform (presumably not employers then!) will be disappointed it seems, as the Government views (in a Green Paper) indicate retaining much of the existing framework. The extent of reaction to the proposed changes can be gauged by the fact that the Employers body, the CBI is broadly supportive; whilst the Equal Opportunities and Disability Rights Commissions have been critical, saying the reforms do not go far enough. Time will tell.
- Manual filing systems which were in place before 1998 will be required to comply with the Data Protection Act after being given exemption since 1998.
- National Minimum Wage increases - New rates per hour from 1st October 2007 are:
- Adult minimum wage rate - £5.52 (from £5.35)
- 18-21 rate - £4.60 (from £4.45)
- 16-17 rate - £3.40 (from £3.30)
April 2008
Information and Consultation of Employees Regulations 2004 are extended The Regulations, which implement the Information and Consultation Directive, are extended to cover undertakings with 50 or more employees.
April 2009
Holiday rights increase to 20 days plus 8 public holidays.
Earliest date for introducing Additional Paternity Leave, whereby the mother can transfer some untaken maternity leave to her partner.