In our January e-news "What's new in 2011?", we mentioned that as many of the proposed changes in employment law for 2011 originated from long before the change of Government in May 2010, they may be subject to further review. Indeed this has happened, and the revised position is as set out below.

What's changing on 6 April 2011?

Default retirement age (DRA)

The DRA will be abolished. The last date for initiating a DRA retirement under the transitional arrangements is 5 April 2011. If an employee is given the maximum 12 months' notice of retirement on 5 April 2011, their last date for retirement will either be:

  • 5 April 2012; or
  • 5 October 2012, if the employer agrees to an employee's request for an extension of their retirement date for the maximum period of six months. The last day on which an employee can make such a request is 4 January 2012.

After 5 April 2011, it will not be possible to start a retirement process under the DRA rules.

Positive action in recruitment and promotion

Positive action provisions in the Equality Act 2010 come into force. These allow employers to apply voluntary positive action in recruitment and promotion processes when faced with two or more candidates of equal merits, to address under-representation in the workforce.

Additional paternity leave

Fathers of babies due or born, or notified of match for adoption, on or after 3 April 2011 have a right, subject to certain conditions, to 26 weeks' additional paternity leave before the child's first birthday.

Taxation of termination payments

Employers must use an 0T PAYE code for post-P45 payments. This means in many cases withholding more than just basic rate tax from termination payments.

What's not changing on 6 April 2011?

Flexible working

The right to request flexible working will not now be extended to parents with children under 18.

The right to time off to study or train

This right will not now be extended to organisations with fewer than 250 employees.

Bribery Act 2010

The Act has been delayed and will now come into force on 1 July 2011.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.