Section One

 

Employment Legislation – Recent Important changes and a Timetable for the coming months

 

Just as we start to understand them, they look like they will be changing again!

The 2004 Dispute Resolution Regulations have attracted universal criticism from the TUC, employers, lawyers and tribunals alike. We now know they are to be repealed.

Until law is amended though, it is important that all cases of discipline, particularly those involving dismissal, closely follow the Statutory process.

October 2007

February 2008

Illegal Worker Penalties increased

Asylum rules changed again on 29 February. Employers could now face up to £10,000 fine for each illegal worker they have negligently employed. Prison sentences of up to 2 years await those who ignore the law and "knowingly" engage illegal staff.

Make sure thorough pre-employment checks are carried out on all recruits, and that periodic follow up checks are done where employment continues for any period. Avoid any suggestions of discrimination by following the same approach for all recruits, without any assumptions as to status to work in the UK. Retain good copies of all documentation used to confirm someone's immigration status - this is an important defence if documents later turn out to be false or forged.

The Borders and Immigration Authority (BIA) has a helpful website with checklists etc. at www.bia.homeoffice.gov.uk

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.

Pension consultation

The obligation to consult with active and prospective members of the company pension scheme is also extended to firms employing 50 or more employees on 6 April. Consultation should begin at least 60 days prior to "significant" changes are made. These might include increasing the age at which a benefit is paid, closing a scheme to new entrants or changing contribution levels.

Corporate Manslaughter (Corporate Homicide in Scotland) law in force

Corporate Manslaughter law comes into force on 6 April. Organisations will become responsible for the actions (or omissions) of managers. Under previous legislation, only one individual ("a controlling mind") could cause the employer to be found guilty. Hence it tended to be the smaller employers who found themselves in court. Employers who take a proactive approach to Health and Safety are said to be unlikely to be overly concerned about the new laws, as they bring no new obligations for diligent firms. However the Act will make it possible for employers to be prosecuted if someone is killed at, or by, work activity. Workplace deaths will in future be investigated by the police, not the HSE, and a report sent to the Crown Prosecution Service. During the investigation, the workplace will effectively be a "crime scene" and be sealed off whilst forensic work takes place.

HSE and HSC to merge

The Government has stated its intention to merge the Health and Safety Executive and the Health and Safety Commission. The new body will retain the name Health and Safety Executive. Originally it was felt to be desirable to separate the policy-setting role (HSC) from the enforcement role (HSE).

New Statutory Rates

The Department for Work and Pensions has announced the changes to payment rates, which will come into effect in April:

Weekly rate of Statutory Sick Pay now: £75.40

Statutory Maternity, Adoption and Paternity pay: £117.18 (note this is the first time this has not been rounded to the nearest 5p.)

Maternity Allowance (where not entitled to SMP) unchanged at £30.00 a week

The introduction of 52 weeks' paid maternity and adoption leave together with up to 26 weeks' additional paid paternity leave in the first 12 months of a child's life or adoption now looks set to be postponed until 2010.

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