BPIF anticipates employment law developments for 2010
The BPIF's legal team has outlined what is likely to come in terms of employment law for 2010. The most significant piece of legislation is likely to be the passing of the Equality Bill, announced last April, and expected to be given royal assent in April this year. If the bill is approved, expect it to bring dramatic changes.
The likely impact will be:?
- Positive action on recruitment whereby employers could discriminate on grounds of, say race or sex, something that is normally prohibited, in order to increase their quota of a particular group, when both candidates are equally qualified.
- Secrecy clauses in employment clauses will be outlawed in order to try to prevent continuing pay inequalities.
- A widening of the definitions of discrimination to prevent discrimination on grounds of association or perception.?
The Government has brought forward its planned review of the default retirement age to 2010 and consultation is now underway. A general notion is that the default retirement age may be abolished altogether from 2011, which will mean employers will have to consider very soon how to respond to this major change to workforce planning.?
It is expected that the Fit Notes (as opposed to Sick Notes) will start to be rolled out in the spring. And, from April employees in companies with over 250 staff will be entitled to request time off for training, provided they have been employed for at least six months and can persuade their employers that the training will improve their effectiveness at work and the performance of the business.?
The long-awaited regulations implementing the EU Agency Workers Directive have been delayed until October 2011, but from that point agency workers must have the right to comparable conditions with permanent staff after a 12-week qualifying period.?
The BPIF is warning print companies to also keep in mind:?
- Standard rate of maternity, paternity and adoption pay levels will change from April 2010, when they rise to ?124.88 per week. Changes to paternity leave also come into force that month, allowing mothers to transfer some of their maternity leave to the child's father.
- The statutory redundancy payment remains at ?380 following the exceptional rise in October 2009 and will not rise as usual in February.
- Information will be available soon about the National Minimum Wage which will be applicable from October 2010, but it is already confirmed that the adult rate (currently ?5.80) will be extended so that it is payable to those aged 21 and over, down from 22 and over.
The BPIF can help with questions on any of the above.?
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