New and Forthcoming Legislation - 2010 Employment law changes in 2010
The UK based world of employment law is ever changing and the following changes come into effect throughout 2010. Qdos offer a range of products and services to assist a business in complying with the law and best practice.
February 2010
Compensation limits for unfair dismissal went down (for the first time ever) from £66,200 to £65,300 as from 1 February 2010.
March 2010
Following a consultation process in 2009, regulations on union blacklisting came into force on 2 March 2010.
April 2010
Statutory maternity, paternity and adoption pay – the standard rates of SMP, SPP and SAP increased to £124.88 a week from 4 April 2010. (The standard rate of Statutory Sick Pay (SSP) remains unchanged at £79.15 a week.)
Regulations came into force in Great Britain on 6 April 2010 which allow parents of children due on or after 3 April 2011, and adoptive parents who are notified of being matched with a child on or after that date, to transfer up to six month’s of the mother’s maternity leave to the father.
Regulations made under the Apprentices, Skills, Children and Learning Act 2009 came into force on 6 April 2010. After a minimum of six month’s service in organisations with 250 or more staff, employees have the right to request time to train which they believe will make them productive and effective at work. As with arrangements covering flexible working, employers have a duty to consider seriously any such request. (The right will be extended to all sizes of organisation from April 2011.)
New Statements of Fitness for Work or ‘fit notes’ replace the traditional ‘sick notes’ issued by doctors across the UK as from 6 April 2010.
October 2010
National Minimum Wage rates will increase from 1 October: the standard adult rate to £5.93, the development rate to £4.92 and the youth rate to £3.64. An apprentice minimum wage of £2.50 per hour will be introduced for the first time – it will apply to apprentices under 19 years, or those aged 19 and over in the first year of their apprenticeship.
Following consultations in 2009, amendments to the Conduct of Employment Agencies Regulations are expected to come into force on 1 October.
Provisions of the Equality Act are expected to come into force, if the Bill received Royal Assent before the General Election.
November 2010
Under the Safeguarding Vulnerable Groups Act 2006, people seeking work in a ‘regulated activity’ must register with the Independent Safeguarding Authority (ISA), although they may register from 26 July 2010.
Other Developments
The planned review of the default retirement age (DRA) has been brought forward to 2010. In October 2009 the Government called for evidence on the DRA to feed into the review to be submitted by 1 February 2010.
In January 2010, the Agency Workers Regulations 2010 (SI 2010/93) were published. When they come into force in October 2011, temporary agency workers in the UK will receive equal treatment to comparable permanent employees after 12 weeks in a job. This is to comply with the EU Temporary Agency Workers Directive.
EU Working Time Directive opt-out – in April 2009 the European Parliament and European Council of Ministers failed to reach a compromise. The European Commission now has to decide whether to draft new legislation or drop the amendment altogether. The current Directive still remains in force.
EU Temporary Agency Workers Directive 2008/104/EC – in May 2009 the UK Government launched a consultation on implementing the Directive and there will be a second stage consultation on draft Regulations. They must be implemented in member states by December 2011.
For further advice and guidance please contact the Qdos Employment Team on 01455 850000 or alternatively if you are interested in a Qdos product please contact our Sales and Marketing Team on 01455 852028 or email qed@qdosconsulting.com
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