1 February 2010 – compensatory award for unfair dismissal
The maximum compensation for unfair dismissal will decrease from £66,200 to £65.300. This unusual decrease is explained by the figure being derived from the Retail Price Index (RPI) between September 2008 and September 2009 when there was a 1.4% decrease in the RPI.
Early March 2010 – publication of Low Pay Commission report
This report will announce the Low Pay Commissions recommendations on setting the National Minimum Wage rates to take effect 1 October 2010. In addition to setting the usual rates for workers, this report will also consider the payment of apprentice rates.
6 April 2010 – the right to request time off for study or training
This provision is set out in Part 6A of the Apprenticeships, Skills, Children and Learning Act 2009 and guidance is expected to be produced by the Department for Business, Innovation and Skills (BIS) in January. It will initially apply to employers with 250 or more employees and will be extended to all employers from April 2011. The right will be available to employees continuously employed for 26 weeks or more, there will be specified business grounds to refuse the request including the training not being advantageous to the employer, and if the request is granted the employer will not be required to pay for the time off for training.
6 April 2010 – the right to additional paternity leave
The Additional Paternity Leave Regulations 2010 will come into force on 6 April 2010 and apply to parents of children due on or after 3 April 2011. The present 2 weeks of paid leave called ‘Statutory Paternity leave’ is to be re-named ‘Ordinary Paternity Leave. There will also be a period of ‘Additional Paternity Leave’ of up to 26 weeks which can only be taken after the mother has returned to work. The earliest start date for Additional Paternity Leave will be 20 weeks after the child’s date of birth and the father will also be allowed up to 10 ‘keeping in touch days’.
6 April 2010 – changes to ‘sick notes’
The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 will record that the worker is fit or unfit for work, and also that they would be able to return to work if adjustments were made. It is important to note that any adjustments would have to be with the employer’s agreement.
12 April 2010 – increase in statutory payments
Statutory Sick Pay will remain at £79.15 per week, but statutory maternity, paternity and adoption pay will increase from £123.06 to £124.88 per week. The weekly earnings thresholds for these payments will rise from £95 to £97.
Spring 2010 – Equality Bill
The proposed Equality Bill started 2 1/2 years ago as a tidying up exercise, but is now expected to introduce various substantive changes to discrimination legislation.
Spring 2010 - blacklisting of trade unionists
The Employment Relations Act 1999 (Blacklists) Regulations 2010 is expected to be enacted and bought into effect during 2010. This will outlaw the blacklisting of workers for their union membership or activities.
Summer 2010 – revised exclusion regulations to the Gangmasters (Licensing) Act 2004
Revised exclusions to the Gangmasters (Licensing) Act 2004 are expected before autumn 2010.
1 October 2010 – Agricultural Wages Order and National Minimum Wage rates
The Agricultural Wages Order 2010 and new National Minimum Wage rates are expected to come into effect 1 October 2010.
3 April 2011 – additional paternity leave fully implemented
See explanation above
October 2011 - Agency Workers Directive
Regulations to implement the Agency Workers Directive are expected to come into force in October 2011 although the final implementation date is 5 December 2011 under the directive. These will give agency workers the same pay, holidays and basic conditions after 12 weeks in a given job. At the time of writing in January 2010 the draft regulations were not yet published.
2012 – 2017 staggered launch of NEST – formerly ‘Personal Account’ pensions
The new National Employment Savings Trust (NEST) pension, formerly known the Personal Account pension, is now expected to commence implementation in 2012, and to be fully implemented in 2017. Employers will be required to ‘auto-enrol’ employees into the scheme and to contribute 3% of salary when fully implemented to match the 4% employee contribution plus 1% exchequer contribution. If the employee subsequently opts out the employer contribution is no longer required contributions already made to NEST by the employer will be returned to the employer. The introduction is expected to be phased as to the enrolment of employers in stages, and the size of the employer contribution increasing in stages of 1%, 2% and finally 3%. The scheme will apply to employees aged 22 and over on present earnings of between £5,035 and £33,540 who not already have a qualifying occupational pension.
Working Time Directive and Working Time Regulations
With the discrepancy between the present Working Time Directive 1998 and European court decisions such as Stringer v HMRC it is expected that the Working Time Directive and Working Time Regulations will be eventually revised, although it is presently too early to suggest when this process will begin.
No comments have been made.