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Latest News
Summary of the forthcoming legislation that could affect you and your company
16th March 2009
- Health and Safety (Offences) Act 2008
Date to be Implemented: 16 January 2009
The Health and Safety (Offences) Act 2008 comes into force. The Act raises the maximum penalties available to the courts in respect of certain health and safety offences
- Employment Rights (Increase of Limits) Order 2008
Date to be Implemented: 1 February 2009
The Employment Rights (Increase of Limits) Order 2008 increases the limits (maximum or minimum) applying to certain awards of employment tribunals, and other amounts payable under employment legislation
- Points-Based Immigration System - Tier Four
Date to be Implemented: Spring 2009
Tier four of the new points-based immigration system, covering students, is to be implemented.
- Minimum Statutory Holiday Entitlement
Date to be Implemented: 1 April 2009
The second phase of a two-part rise in statutory minimum holiday entitlement results in an increase from 4.8 weeks to 5.6 weeks.
- Employment Act 2008
Date to be Implemented: 6 April 2009
Various parts of the 2008 Act will come into force.? This will repeal the statutory dispute resolution procedures currently in place. It also repeals the Employment Rights Act 1996, section 98A, returning the law on unfair dismissal to the position prior to the dispute resolution procedures coming into force in October 2004.
- Revised Acas Code of Practice on Discipline and Grievance
Date to be Implemented: 6 April 2009
The revised Acas Code of Practice on disciplinary and grievance procedures is introduced. Where there is a breach of the Code of Practice, a tribunal can increase or decrease any award made by up to 25%.
- Employment Tribunals 1996 (Tribunal Composition) Order 2008
Date to be Implemented: 6 April 2009
The Order adds holiday pay to the list of jurisdictions that an employment tribunal chairman can hear alone.
- Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2009
Date to be Implemented: 6 April 2009
The Regulations will make various changes to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. The changes include giving employment judges more flexibility to deal with cases justly and explicitly stating that evidence may be given electronically.
- Right to Request Flexible Working
Date to be Implemented: April 2009
The right to request flexible working is to be extended to parents of children aged 16 and under.
- Right to Time Off for Public Duties
Date to be Implemented: April 2009
The right to time off for employees serving in a wider range of civic roles is to be extended. It is proposed that the right to time off for public duties under s.50 of the
Employment Rights Act 1996 should be extended to cover roles such as members of
probation boards; members of court boards; and youth offender panel members. It is
also proposed that roles in the housing sector, such as board members of registered social landlords and tenant management organisations, should be covered by time off entitlements.
- The Working Time (Amendment) Regulations 2003 ? Weekly Working Time Limits for Doctors in Training
Date to be Implemented: 1 August 2009
The Working Time (Amendment) Regulations 2003 will amend the Working Time
Regulations 1998 to provide for the 48-hour working time limit for doctors in training to be phased in over a period ending on 31 July 2009. After initially restricting weekly working time limits for doctors in training to 58 hours from 1 August 2004, then to 56 hours from 1 August 2007, the Regulations make a further reduction to 48.
- Centralised Vetting System for People Working with Children and Vulnerable Adults
Date to be Implemented: October 2009
The Safeguarding Vulnerable Groups Act will come into force with will introduce a centralised vetting system for people banned from working with children and vulnerable adults. Employers will be able to make checks online, with information updated straight away when any individual is added to the list. Employers will be informed where possible if an individual becomes barred. There will be fines of up to ?5,000 for employers that knowingly employ individuals on the list or fail to make the relevant checks.
- National Minimum Wage
Date to be Implemented: During 2009
National minimum wage legislation will be amended to stop employers using tips to
top up staff pay in order to meet the national minimum wage. Currently, employers can count service charges and gratuities processed through the payroll towards their obligation to pay the minimum wage.
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