2008 and future developments
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29 February 2008
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Draft Immigration (Employment of Adults Subject to Immigration
Control) (Maximum Penalty) Order 2007
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Increases the maximum penalty for employing an illegal worker to
£10,000. Employers who knowingly hire an illegal worker risk an
unlimited fine and a prison sentence of up to two years.
Makes changes to the documents which have to be provided to prove
the right to work in the UK, and introduces annual checks for those without
an indefinite right to work in the UK.
See: foreign nationals 
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29 February 2008
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The Immigration (Restrictions on Employment) Order 2007
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Sets out what an employer has to do to defend an offence.
See: foreign nationals
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1st quarter 2008
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Immigration, Asylum and Nationality Act 2006
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Introduces a 5-tier points based immigration system - workers from
countries outside the EEA will be graded on their qualifications, previous
earnings, age and UK experience.
See: foreign nationals
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6 April 2008 (excepting deaths that occur in police custody or prison which
will come into effect at a later date)
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Corporate Manslaughter and Corporate Homicide Act
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Creates a new corporate manslaughter offence ("corporate homicide" in
Scotland) and seeks to make it easier for companies to be convicted of
manslaughter for work-related deaths and injuries.
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6 April 2008
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Sex Discrimination Act 1975 (Amendment) Regulations 2008
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Definition of sex-related harassment is broadened.
Employers are required to protect female employees from
harassment by customers and clients.
Women on maternity leave should be consulted about any changes to
their jobs.
Women do not need a comparator in cases of alleged pregnancy or
maternity discrimination.
See: employee consultation
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6 April 2008
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Information and Consultation of Employees Regulations 2004
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Establishes minimum requirements for informing and consulting
employees about prospective job losses, mergers or reorganisation plans
that could affect them.
Now extended to apply to all employers with 50 or more staff.
See: employee consultation
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6 April 2008
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Occupational and Personal Pension Schemes (Consultation by Employers)
Regulations 2006
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Employers are required to consult for at least two months if they wish to
make significant changes to an occupational or personal pension scheme.
Now extended to apply to employers with 50+ employees.
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6 April 2008
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The Conduct of Employment Agencies and Employment Businesses
(Amendment) Regulations 2007
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A number of amendments to tighten the existing regulations:
- Agency charges - those who choose to accept the offer of additional
services will be able to subsequently withdraw from them (on notice), without
suffering any detriment.
- Drivers - clearer guidance regarding their working hours and limits on these.
- Short-term assignments - the requirements for information will be
relaxed for assignments of fewer than five days provided the agency's terms
are sufficiently clear.
- References - an agency that is unable to disclose the appropriate
references will not only have to inform the hirer but also explain the steps it
has taken to try to obtain these.
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6 April 2008
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The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008
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Deal with continuity of service for the service-related benefit exception; and
close a loophole in connection with time limits (the original Regulations did
not properly provide for the three month extension of time under the
dispute resolution regulations).
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April 2008
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Companies Act
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Private companies will no longer be required to have a company secretary
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No implementation date known - expected to be phased in
starting in summer 2008 and to be fully in force by April 2009
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Employment Simplification Bill (will eventually be known as the
Employment Act 2008)
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Intends to:
- repeal the statutory dispute resolution procedures and introduce
measures to encourage early/informal resolution and changes to the
employment tribunal system and ACAS conciliation services
- clarify and strengthen the enforcement framework for the National
Minimum Wage and change the method of calculating pay arrears
- allow trade unions to expel or exclude members on the basis
of their membership of a political party
- strengthen the enforcement of employment agency standards
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Phased rollout starting in autumn 2008
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Safeguarding of Vulnerable Groups Act
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Employers of people who work with children or vulnerable adults
will be required to follow a centralised, integrated pre-employment vetting
procedure, which builds on the existing Criminal Records Bureau checks.
Will allow employers (and parents who employ child minders etc) to do a
simple online check of an applicant's barred status, and they will also be
informed immediately if someone they employ becomes barred.
Employers' failure to carry out the checks could result in a five-year
prison sentence or fines of up to £5,000.
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5 October 2008
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Amendments to the Maternity and Parental Leave Regulations
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Amendment to remove the distinction between entitlements to non-pay
benefits during ordinary maternity leave and during additional maternity leave.
See maternity .
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October 2008
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Companies Act
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The minimum age for a director will be 16 (any directors under 16 will
automatically cease to be a director) and all companies must have one
natural person as a director - ie they cannot have all corporate directors.
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1 April 2009
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Work and Families Bill - remaining changes
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Increases statutory holiday entitlement to 5.6 weeks (28 days for someone
working a five day week)
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- Due to take effect for babies due on or after 1 April 2010
- Date not yet confirmed - not likely to be before April 2010
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Work and Families Bill - remaining changes
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- Extends maternity and adoption leave and pay to a year
- Allows mothers to transfer part of their maternity leave (and pay) to
the father
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No implementation date known
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Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
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Amendment to ensure that agency workers, previous specifically excluded
from the regulations, are able to receive SSP irrespective of the duration of
their contracts.
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No implementation date known - unlikely to be before 2009
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Single Equality Bill
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Aims to streamline all the different bits of discrimination legislation.
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No implementation date known
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Extension to flexible working requests
|
Proposes to extend the right to request flexible working to all parents of
school-age children.
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Talks again failed in December 2007
No agreement yet reached
|
Agency Workers Directive
|
EU directive which aims to ensure that temporary workers should
receive comparable wages to those of permanent staff.
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2012
|
Pensions Bill
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It will be compulsory for employers to contribute to the new personal
account pension scheme, which employees will automatically join when
they start a new job, unless the employer provides an alternative which is
as good or better.
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2013 and 2015
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Education and Skills Bill
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Will raise the school leaving age to 17 in 2013, and 18 in 2015. Those
who take jobs before they are 18 will have to do at least one day of
accredited training.
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2013
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Apprenticeships (Draft) Bill
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Will give all 16 to 18-year-olds who meet the entry criteria, entitlement
to an apprenticeship by 2013.
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Implemented during 2007
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Date effective
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Legislative measure
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Main proposal
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1 January 2007
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Accession (Immigration & Worker Authorisation) Regulations 2006
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Different rules apply to access to the labour market for Bulgarian and
Romanian workers from 1 January 2007 to 31 December 2011.
See: foreign nationals and work permits
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1 February 2007
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Tribunal awards and statutory payments
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Annual increase in tribunal award limits, including unfair dismissal,
a "week's pay" for the purposes of calculating a statutory redundancy
payment, and guarantee pay.
See: key statistics
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- For all those whose babies are due on or after, or who expect to adopt
on or after 1 April 2007
- as above
- 6 April 2007
- phased increase in entitlement, starting October 2007
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Work and Families Bill
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- Extends maternity and adoption leave to a year
- Extends maternity and adoption pay to 39 weeks
- Extends the right to request flexible working to all carers of elderly or
sick adult relatives.
- Extends statutory holiday entitlement so that bank or public holidays
to which employees are entitled will be in addition to
the minimum four weeks under the Working Time Directive.
See: maternity and adoption , paternity
and flexible working
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1 April 2007
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Increase in statutory payments
|
Annual increase in statutory maternity, paternity, adoption, and sick pay.
See: key statistics
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|
Came into force on 1 October 2006 but applies to expected date of
birth or placement on or after 1 April 2007
|
Maternity and Parental Leave etc and the Paternity and Adoption Leave
(Amendment) Regulations 2006
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- An employee no longer needs to have six months' service to qualify for
additional maternity leave (AML)
- An employee intending to return early from AML or additional adoption
leave (AAL) must give her employer eight weeks' notice of her intended
return date (increased from four weeks).
- An employee on maternity leave can agree with her employer to work
for up to ten days during the maternity leave period without it bringing her
period of leave to an end or affecting her SMP during the rest of that week.
- Employers are allowed to maintain reasonable contact with an
employee whilst on maternity leave.
See: maternity and adoption and paternity
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6 April 2007
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Information and Consultation of Employees Regulations 2004
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Establishes minimum requirements for informing and
consulting employees about prospective job losses, mergers or reorganisation
plans that could affect them.
Will eventually apply to all employers with more than 50 staff.
Applies to
- employers with 100+ staff - by 6 April 2007
- employers with 50+ staff - by 6 April 2008
See: employee consultation
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6 April 2007
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Equality Act
|
Creates a duty on public authorities to promote equality of opportunity
between men and women, and to prohibit sex discrimination in the
exercise of public functions. Known as the Gender Equality Duty, and
similar to the already existing obligation in regards to race (brought in by the
Race Relations (Amendment) Act 2003) and the Disability Equality Duty.
See: discrimination
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30 April 2007
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Equality Act
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Makes discrimination unlawful on the grounds of sexual orientation or
religion or belief in the provision of goods, facilities and services, the disposal
and management of premises, education, and the exercise of public
functions; extends the scope of the religion/belief
discrimination to clearly cover those who hold NO recognised religion or belief;
and broadens the definition of "religion or belief" to "any religion, religious
belief or similar philosophical belief".
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April 2007
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Occupational and Personal Pension Schemes (Consultation by Employers)
Regulations 2006
|
Employers are required to consult for at least two months if they wish to
make significant changes to an occupational or personal pension scheme.
Applies to
- employers with 100+ employees: from April 2007
- employers with 50+ employees: from April 2008
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2 April in Wales
20 April in Northern Ireland
1 July in England
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Smoking ban
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A ban on smoking in enclosed public places, including most workplaces.
See: smoking
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1 August 2007
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Working Time (junior doctors)
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Limits the working hours of junior doctors to 56 hours per week
(until 31 July 2009).
See: working time
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14 September 2007
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Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment)
Regulations 2007
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Make it unlawful for training providers to discriminate in the arrangements
they make "for the purpose of determining to whom [they] should offer training."
See: sexual orientation
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1 October 2007
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Work and Families Bill
|
Increased from four to 4.8 weeks (24 days for someone working a
five day week)
See: working time .
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1 October 2007
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Commission for Equality and Human Rights
|
The Commission for Racial Equality, the Equal Opportunities Commission,
and the Disability Rights Commission merged into a single body
overseeing all equality issues called the Commission for Equality and Human
Rights (CEHR). The name of this body was then promptly changed to
the Equality and Human Rights Commission (EHRC).
The EHRC is able to bring proceedings in its own name, set its
own priorities over what cases to support, conduct inquiries into named
bodies or sectors, assess a public body's performance of its duty to promote
equality and also recommend changes to discrimination legislation.
See: discrimination
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1 October 2007
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Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No 2) Regulations 2007
|
Extends the types of adopter and foster carer who are entitled to make a
request for flexible working to care for a child.
See: flexible working
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1 October 2007
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Racial and Religious Hatred Act 2006
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Extends the crime of incitement to commit racial hatred to cover religious
hatred, and creates a new criminal offence of stirring up hatred against a
person on the grounds of their religion (or lack of religion).
See: religion or belief
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24 October 2007
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Data Protection Act
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Comes fully into force, and all manual files are now covered.
See: data protection
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1 December 2007
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Tribunals, Courts and Enforcement Act 2007
|
Tribunal chairmen became known as 'employment judges'.
The act also aims to make the enforcement of tribunal awards easier.
See: employment tribunals
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