The key employment legislation to be introduced this year is summarised below.
Default retirement age (DRA) – to be abolished on 1 October 2011, with transitional arrangements from 6 April 2011
The Government has now confirmed that the DRA and the statutory retirement procedures for employees will be abolished.
Under the transitional arrangements:
- retirement notifications under the DRA procedure cannot be issued from 6 April 2011; and
- where retirement notifications have been made prior to 6 April 2011, the retirement must take place before 1 October 2011.
From 1 October 2011, employers cannot enforce a compulsory retirement age unless they can justify this as a proportionate means of achieving a legitimate aim.
(We will issue a briefing note with further information regarding the abolition of the DRA shortly.)
Agency Workers Regulations 2010 – in force on 1 October 2011
The Regulations give agency workers, after 12 weeks in a given job, the same basic employment conditions as employees of the recruiter.
Positive action in recruitment and promotion provisions – in force on 6 April 2011
Under these provisions, contained in the Equality Act 2010, employers are permitted 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". However, positive discrimination remains illegal.
The Government Equalities Office has recently published non-statutory guidance on how positive action will work.
Extension of flexible working – in force on 6 April 2011
The right to request flexible working will be extended to parents with children under 18.
Bribery Act 2010 – in force on 6 April 2011
The Act introduces a new strict liability corporate offence of failing to prevent bribery committed for the benefit of the organisation. The sanctions under the Act are stringent, and the only defence available is that the organisation has "adequate procedures" in place that were designed to prevent those working for the business from committing offences under the Act. The Government's guidance on what amounts to adequate procedures is due in early 2011.
The right to time off to study or train – extends to organisations with fewer than 250 employees on 6 April 2011
The right to request unpaid time off work to study or train under the Apprentices, Skills, Children and Learning Act 2009, will apply to all organisations and is available to employees:
- who have completed six months' employment; and
- where the training or study will improve:
- their effectiveness at work; and
- the performance of their employer's business.
Additional Paternity Leave Regulations 2010 – apply to babies born on or after 3 April 2011
The Government has confirmed that these Regulations will come into force as planned.
The leave relates to children who are:
- due on or after 3 April 2011; or
- matched for adoption with a person notified of the match on or after 3 April 2011.
Eligible fathers have a right:
- to 26 weeks' additional paternity leave before the child's first birthday;
- to take the leave once their spouse/partner has returned to work, with some of their statutory maternity/adoption leave untaken; and
- to some paid leave if it is taken during the maternity/adoption pay period.
The Government also announced that it plans to extend flexible working rights to grandparents and close family friends. It will launch a consultation on this "shared parental leave" shortly, and aims to introduce it in 2015.
Anything else to look out for?
Many of the above changes originate from long before the change of Government in May 2010, and may be subject to further change.
The Government has announced that it will start a consultation process over a number of other measures, including increasing the service requirement for bringing an unfair dismissal claim to two years and introducing a fee payable by anyone bringing a tribunal claim. Further information regarding the proposed new "employers' charter" is expected shortly.
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.
