Collective Consultation

At present employers seeking to make 100 or more employees redundant within a 90 day period, must begin consultation at least 90 days before any dismissals can take effect. From 6 April 2013 this 90 day minimum period will be reduced to 45 days.

There will be no change to the 30 day minimum period where at least 20, but less than 100, employees are affected. For employees on fixed term contracts, employers need not consult collectively with them and they will not count towards the numbers of affected employees, unless they are being made redundant before their fixed term contracts end.

ACAS will publish a non-statutory code of practice to provide guidance on issues such as when the consultation should start, who should be consulted, what should be discussed and when the consultation shall be considered to be complete.

New Rates for Statutory Payments

Maternity, Paternity and Adoption Pay

At present statutory maternity pay is payable at 90% of the employee's normal weekly earnings for the first 6 weeks of maternity leave. For the remaining 33 weeks statutory maternity pay is set at the lower of the employee's normal weekly earnings or the 'prescribed rate'. From 7 April 2013 the prescribed rate for maternity, as well as paternity and adoption, pay will increase to £136.78 per week.

Statutory paternity pay is payable for up to 2 weeks at the lower of the 90% of the employee's normal weekly earnings and the 'prescribed rate'.

Statutory adoption pay is payable for up to 39 weeks at the prescribed rate or at 90% of the employee's normal weekly earnings whichever is the lower.

Statutory Sick Pay

Statutory Sick pay, payable to employees who meet the relevant criteria and have been absent from work for 4 or more consecutive days, is paid according to a weekly minimum amount which is set to increase to £86.70 from 6 April 2013.

10% uplift in discrimination claims

As a reminder, with effect from 1 April 2013 awards for damages for non-pecuniary loss have increased by 10%. The reforms will include claims for injury to feelings brought in discrimination cases.

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.