New employment law legislation for 2011
Monday, 10th January 2011
The last of the turkey has been eaten, the christmas decorations are all packed away and many of us are trying to stick to our new year resolutions. As we all get back in to the swing of work, now is a good time to review the employment law changes that are planned for 2011 so you are ready for the year ahead.
Increased limits on employment tribunal awards – This comes into force on 1st February 2011. A 'weeks pay' will rise from £380 to £400, the maximum compensatory award for unfair dismissal will rise from £65,300 to £68,400 and guarantee pay increases from £21.20 to £22.20 a day.
Time to Train – This was due to be extended to all employers from April 2011 however the Government is currently considering the future of this right. If it goes ahead The Apprenticeships, Children and Learning Act 2009 will introduce a statutory right to make a request in relation to study or training for employees in organisations with fewer than 250 employees. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so.
The Equality Act 2010 - Provisions of The Equality Act 2010 relating to positive action in recruitment and promotion come into force from 6th April 2011 meaning that when faced with two or more candidates of equal merit, if the more favourable treatment is intended to address under-representation in the workforce an employer can make that choice. The single equality duty for public sector organisations will also be introduced.
Right to request flexible working extended to parents of children under 18 - This extends the right to request to work flexibly already conferred to parents of children under the age of 17, or under the age of 18 if the child is disabled, and to employees who care for adults aged 18 or over from 6th April 2011.
Abolition of the default retirement age (DRA) – The DRA will be completely abolished on 1st October 2001 and employers will be prohibited from retiring employees by means of the default retirement age from this date. Be aware though that transitional arrangements will come in to force from 6th April 2011 which will include that employers will be unable to issue new notifications of retirement.. A practical step to look to take prior to April would be to review your employment policies and practices to make sure they are consistent and fair in managing older workers moving forward.
Changes to maternity and paternity leave – Also in April, there will be changes to maternity and paternity leave provisions. Fathers (or mother’s partner) of children with an expected week of birth beginning on or after 3rd April 2011 will be allowed up to 26 weeks' additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. On the same date, the rates for statutory maternity, paternity and adoption pay will increase per week.
Equal treatment for agency workers - From 1st October 2011, agency workers will be entitled to equal treatment on basic employment conditions, such as pay and holidays, after they have worked in a role for 12 weeks, under the Agency Workers Regulations 2010.
To discuss any of the planned employment law changes and how they may affect your business in the coming months, please contact Neil Largan on 01904 624185.
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