Recent and proposed employment legislation (V4870877f2a301)

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06 Jul 2008

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Overview of recent and proposed employment legislation

2008 and future developments
29 February 2008	Draft Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2007	Increased 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. Made changes to the documents which have to be provided to prove the right to work in the UK, and introduced annual checks for those without an indefinite right to work in the UK. See: foreign nationals
29 February 2008	The Immigration (Restrictions on Employment) Order 2007	Sets out what an employer has to do to defend an offence. See: foreign nationals
1st quarter 2008 - 2009	Immigration, Asylum and Nationality Act 2006	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
6 April 2008 (excepting deaths that occur in police custody or prison which will come into effect at a later date)	Corporate Manslaughter and Corporate Homicide Act	Created 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.
6 April 2008	Sex Discrimination Act 1975 (Amendment) Regulations 2008	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
6 April 2008	Information and Consultation of Employees Regulations 2004	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
6 April 2008	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. Now extended to apply to employers with 50+ employees.
6 April 2008	The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007	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.
6 April 2008	The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008	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).
April 2008	Companies Act	Private companies are no longer required to have a company secretary
Autumn 2008 onwards (phased rollout)	Safeguarding of Vulnerable Groups Act	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.
1 October 2008	National Minimum Wage Regulations 1999 (Amendment) Regulations 2008	Increases to the National Minimum Wage See National Minimum Wage .
5 October 2008	Amendments to the Maternity and Parental Leave Regulations	Amendment to remove the distinction between entitlements to non-pay benefits during ordinary maternity leave and during additional maternity leave. See maternity .
27 October 2008	Fixed Term Employees (Prevention of Less Favourable Treatment)(Amendment) Regulations 2008	Agency workers will be eligible for SSP from day one of their employment. See sick pay .
October 2008	Companies Act	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.
Late 2008/early 2009	Amendments to the Working Time Directive	New rules on the opt-out and the definitions of on-call time. See working time
1 April 2009	Work and Families Bill - remaining changes	Increases statutory holiday entitlement to 5.6 weeks (28 days for someone working a five day week)
April 2009	Flexible working	It is proposed that the right to request flexible working will be extended to parents with children up to the age of 16.
April 2009	Employment Bill (will eventually be known as the Employment Act 2008)	Includes: repealing the statutory dismissal and grievance procedures allowing tribunals to increase awards by up to 25% if an employer unreasonably fails to comply with the new ACAS Code of Practice on discipline and grievance extending ACAS's powers of conciliation and removing the fixed conciliation periods changing the methods used to enforce the national minimum wage and calculate arrears an unlimited fine for underpayment of the national minimum wage or employment agency offences strengthening the investigative powers of the Employment Agency Standards Inspectorate
Due to take effect for babies due on or after 1 April 2010 Date not yet confirmed - not likely to be before April 2010	Work and Families Bill - remaining changes	Extends maternity and adoption leave and pay to a year Allows mothers to transfer part of their maternity leave (and pay) to the father
April or October 2010 (expected)	Agency Workers Directive	Gives agency workers the right to the same pay and conditions after 12 weeks' employment. See agency workers
No implementation date known	Health and Safety Offences Bill	Will raise the maximum penalties available to the courts in respect of certain health and safety offences. The maximum fine for both companies and individuals which may be imposed by the lower courts would be increased to £20,000 for most health and safety offences. A prison sentence may be given for most health and safety offences in lower and higher courts, rather than being restricted to certain cases. Certain offences that can currently only go to trial in lower courts could be heard in either the lower or higher courts - thus opening up more offences to unlimited fines.
No implementation date known - unlikely to be before 2009	Single Equality Bill	Aims to streamline all the different bits of discrimination legislation into one. The draft Bill has been published and also includes proposals on positive action, extension of age discrimination to suppliers of goods and services, extension of duties on public bodies to promote anti-discrimination in all areas, requirement to publish statistics on gender pay gaps.
No implementation date - likely to be 2010 if passed	Right to request time off for training	Proposal to give employees with six months' service the legal right to request (unpaid) time off for training.
2012	Pensions Bill	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.
2013 and 2015	Education and Skills Bill	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. Will give suitably qualified young people a new right to get an apprenticeship. Includes a proposal to give every worker the right to request (unpaid) time off work to undertake training that will benefit them and their employer.
Implemented during 2007
Date effective	Legislative measure	Main proposal
1 January 2007	Accession (Immigration & Worker Authorisation) Regulations 2006	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
1 February 2007	Tribunal awards and statutory payments	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
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	Work and Families Bill	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
1 April 2007	Increase in statutory payments	Annual increase in statutory maternity, paternity, adoption, and sick pay. See: key statistics
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	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
6 April 2007	Information and Consultation of Employees Regulations 2004	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
6 April 2007	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
30 April 2007	Equality Act	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".
April 2007	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
2 April in Wales 20 April in Northern Ireland 1 July in England	Smoking ban	A ban on smoking in enclosed public places, including most workplaces. See: smoking
1 August 2007	Working Time (junior doctors)	Limits the working hours of junior doctors to 56 hours per week (until 31 July 2009). See: working time
14 September 2007	Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007	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
1 October 2007	Work and Families Bill	Increased from four to 4.8 weeks (24 days for someone working a five day week) See: working time .
1 October 2007	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
1 October 2007	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
1 October 2007	Racial and Religious Hatred Act 2006	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
24 October 2007	Data Protection Act	Comes fully into force, and all manual files are now covered. See: data protection
1 December 2007	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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