Recent and proposed employment legislation (V4b98f7f81f5d41.19748076)

Overview of recent and proposed employment legislation

2010 and future developments
Date effective	Legislative measure	Main proposal
1 February 2010	Employment Rights (Revision of Limits) Order 2009	Reductions in the maximum compensation for unfair dismissal and also for guarantee pay. See: key statistics
2 March 2010	Employment Relations Act 1999 (Blacklists) Regulations 2010	Ban the use of blacklists on grounds of union membership or activities See: trade unions
April 2010		The Information Commissioner may fine those who knowingly or recklessly breach the Data Protection Act. See: data protection
April 2010	Apprenticeships, Skills, Children and Learning Act 2009	Employees in businesses with 250 employees or more will have the right to request (unpaid) time off work to undertake training that will benefit them and their employer. See: time to train
4 April 2010		Increases to statutory maternity, paternity and adoption pay. See: key statistics
4 April 2010	Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010	GPs' sick notes will be replaced by the new "fit notes". See: key statistics
6 April 2010	Additional Paternity Leave Regulations 2010	Fathers will be able to take up to six months of the mother's maternity leave once the mother has returned to work. Applies to babies due on or after, or children matched for adoption on or after, 3 April 2011. See: paternity leave
6 April 2010		Both men and women only need 30 years of NI contributions to receive a full basic state pension. See: pension schemes
Expected Autumn 2010	Equality Bill	Aims to streamline all the different bits of discrimination legislation into one The draft Bill includes proposals on positive action, extension of age discrimination to suppliers of goods and services, extension of duties on public bodies to promote anti-discrimination in all areas, potential requirement to publish statistics on gender pay gaps. See: discrimination
No implementation date - likely to be 2010	Welfare Reform Bill	Plans to abolish Income Support and move the long-term unemployed onto Jobseeker's Allowance. By October 2010, single parents with children aged seven and over will be required to look for work in order to get benefits.
By June 2011	Works Council Directive	Revised version - only applies to organisations with at least 1000 employees within the EEA and at least 150 employees in each of two or more member states. See consulting with your workers
1 October 2011	Agency Workers Directive	Gives agency workers the right to the same pay and conditions after 12 weeks' employment in the same role and with the same hirer. See agency workers
October 2012 - September 2016	Pensions Act 2008	It will be compulsory for employers to contribute to the new personal account pension scheme, which employees will automatically join when they start a new job, unless the employer provides an alternative which is as good or better. See pensions
2013	Apprenticeships, Skills, Children and Learning Act 2009	Will give suitably qualified young people a new right to an apprenticeship. See apprentices
2013	Education and Skills Act 2008	Raises the school leaving age to 17 from 2013, and 18 from 2015.
Implemented during 2009
Date effective	Legislative measure	Main proposal
16 January 2009	Health and Safety Offences Act	This Act: raised the maximum penalties available to the courts in respect of certain health and safety offences the maximum fine for both companies and individuals which may be imposed by the lower courts was increased to £20,000 for most health and safety offences Magistrates' Courts are also able to impose a sentence of up to 12 months Crown Courts have the power to jail offenders for a maximum of two years and order them to pay an unlimited fine certain offences that previously only went to trial in lower courts may be heard in either the lower or higher courts - thus opening up more offences to unlimited fines.
1 February 2009	Employment Rights (Increase of Limits) Order 2008	Increased the rates for: compensation for unfair dismissal a "week's pay" for a statutory redundancy payment statutory guarantee payments See: key statistics
March 2009		Tier 4 (students) of the points-based immigration system is now in place See: foreign nationals
1 April 2009	Working Time (Amendment) Regulations 2007	Statutory holiday entitlement was increased to 5.6 weeks (28 days maximum, even if someone works a 6 day week) See increase to statutory holidays
5 April 2009		The rates for SMP, SAP and SPP were increased See: key statistics
6 April 2009		Increased rate for SSP See: key statistics
6 April 2009	Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009	Extended the right to request flexible working to parents with children up to (and including) the age of 16 See flexible working
6 April 2009	The Employment Act 2008 The Employment Act 2008 (Commencement No 1 Transitional Provisions and Savings) Order 2008	This Order: repealed the statutory dismissal and grievance procedures allows tribunals to increase awards by up to 25% if an employer unreasonably fails to comply with the ACAS Code of Practice on discipline and grievance extended ACAS's powers of conciliation and removed the fixed conciliation periods. See: dismissal
6 April 2009	The Employment Act 2008 The Employment Act 2008 (Commencement No 2 Transitional Provisions and Savings) Order 2008	This Order: changed the methods used to enforce the national minimum wage and calculate arrears including an unlimited fine for underpayment of the national minimum wage or employment agency offences strengthened the investigative powers of the Employment Agency Standards Inspectorate gave unions the power to expel or exclude an individual on the basis of his/her membership or former membership of a political party.
6 April 2009	Employment Tribunals Act 1996 (Tribunal Composition) Order 2009 Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008	An employment judge can hear claims for holiday pay and Stage 1 equal value claims alone rather than the full 3-member tribunal being required for this. Other changes include a rule providing for the automatic dismissal of proceedings where the parties to an ACAS settlement have confirmed in writing their understanding that the proceedings covered by the settlement will be dismissed and the claimant has withdrawn the claim.
6 April 2009	Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009	The transferor is required to provide information where the ACAS Code of Practice on disciplinary and grievance procedures applies. See: TUPE
1 August 2009	The Working time (Amendment) Regulations 2003	Reduced the working time limits for doctors in training from 56 hours per week to 48 hours, but there are some exemptions. See working time .
1 October 2009	National Minimum Wage Regulations 1999 (Amendment) Regulations 2009	Increased the National Minimum Wage (NMW), also employers may no longer include tips as part of the NMW. See: minimum wage
1 October 2009	The Work and Families (Increase of Maximum Amount) Order 2009	Increased a "week's pay" (used to calculate statutory redundancy payments and a basic award at tribunal). See: key statistics
1 October 2009	Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009	Changed the fees payable by data controllers to register or renew with the Information Commissioner to process personal data. See: data protection
1 October 2009	Code of Practice on time off for trade union duties and activities.	A revised Code sets out details of the right to time off with pay and how such payments must be calculated. See: trade unions
12 October 2009	Safeguarding of Vulnerable Groups Act	Employers of those who work with children or vulnerable adults will be required to follow a centralised, integrated pre-employment vetting procedure, which builds on the existing Criminal Records Bureau checks. Employers (and parents who employ child minders etc) may do a simple online check of an applicant's barred status and they will also be informed immediately if someone they employ becomes barred. Employers' failure to carry out the checks could result in a five-year prison sentence or fines of up to £5,000. See: CRB checks

For information on previous years' legislation: 2008 2007 2006

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