Our News
12th April 2010
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 came into force on 6th April 2010.
The Public Interest Disclosure Act 1998 (PIDA) inserted provisions in the Employment Rights Act 1996 to give protection to ‘whistleblowers’ who raise concerns about serious fraud or malpractice at their place of work against victimisation or dismissal, as a result of making a qualifying disclosure to a prescribed person. The instrument will allow details of employment tribunals claims which allege a protected disclosure has been made under the PIDA to be forwarded to the relevant regulator so that the allegations of the underlying issues e.g. fraud or non compliance with health and safety regulation can be investigated and appropriate action taken by the regulator.
8th April 2010
The Equality Act 2010 – Today, the Equality Act 2010 has received Royal Assent and been entered into the legislation books.
When it comes into force, starting in October 2010 for the majority of provisions, it will replace all major and ancillary discrimination legislation. The aim of the Act, which spans some 218 sections and 28 schedules, is to reform and harmonise equality law and restate the greater part of the enactments relation to discrimination and harassment related to certain personal characteristics.
6th April 2010
Families and pregnancy rates increase.
The annual increase in the rates for statutory maternity pay, statutory paternity pay and statutory adoption pay will increase with effect from 4th April 2010 from £123.06 to £124.88.
3rd April 2010
Employees’ sickness pay.
In an unusual decision, the level of statutory sick pay will remain unchanged for sick days on or after 6th April 2010 at £79.15 a week.
1st April 2010
Rise in the pension age.
From 6th April 2010, the minimum age at which people can start to receive pension payments from an occupational personal pension scheme rose from 50 to 55. There will be (as always) exceptions to the rule, including where the scheme member has a protected pension age or severe health problems.
30th March 2010
Additional Paternity Leave and Paternity Pay Regulations 2010.
The House of Lords has this month approved the Additional Paternity Leave Regulations 2010, which set out the new right of fathers of additional paternity leave. The Regulations confer the right to take additional paternity leave, following the birth of a child, to fathers or spouses and partners (of either sex) of the child’s mother. The Regulations are due to come into force on 6th April 2010 but will only have effect in relation to children whose expected week of birth (or matching for adoption) begins on or after 3rd April 2011.
26th March 2010
New Employment Tribunal Fast Track Scheme.
A high number of employers are still failing to pay employment tribunal awards. Research published by the Ministry of Justice in May 2009 showed that 39% of people granted awards by tribunals had not been paid and only 53% were paid in full. Therefore, in the latest of a series of policies designed to help Employment Tribunal applicants, on 25th March 2010, Justice Minister Bridget Prentice confirmed the creation of a new Employment Tribunal Fast Track Scheme.
From 6th April 2010, successful tribunal applicants will be able to call on an extended service from the High Court Enforcement Officers if their (ex) employer fails to pay the award ordered by the Employment Tribunal. The fast track process will be easy for any employee. The only cost to them would be the £50 court fee needed to issue a writ to seize assets which will cover amounts that they are owed and this will be added to the debt owed by their (ex) employer. The £70.50 the High Court Enforcement Officer would normally charge the employee if the award could not be recovered will be waived.
25th March 2010
ASDA leads the way with agency rights.
Ahead of implementation of the Agency Workers Directive, expected in 2011, which will mean that agency workers will be given equal rights after 12 weeks, Unite the union and ASDA have reached a groundbreaking agreement that will see thousands of temporary workers at 29 firms that supply ASDA with its meat and poultry benefiting from pay rights equal to permanent employees. Working together, the agreement has been reached in a bid to ensure that all workers are treated fairly and equally.
It is expected that ASDA will now liaise with the suppliers, agencies that provide migrant workers and unions to plug the £2.4 million needed to ensure that temporary workers are on the same rates as their permanent colleagues; a drop in the ocean compared to the £1.5 billion per year the British Chamber of Commerce has estimated the cost of the Agency Workers Directive to be.
15th January 2010
Employment Tribunal compensation limits reduced.
For the first time ever the annual review of compensation limits has resulted in a reduction in the maximum compensatory award in an unfair dismissal claim from £66,200 to £65,300. The new level applies in all cases where the effective date of termination is on or after the 1st February 2010.
4th January 2010
New ACAS Code of Practice on Time off for Trade Union Duties and Activities.
he new ACAS Code was introduced on 1st January 2010. It revises the previous code which came into effect in 2003. The Code has been revised in a bid to reflect the changing nature of the British workplace and its subsequent effect on arrangements for time off for trade union duties and activates. It is complemented by two new guides:
- Trade Union Representation in the Workplace – a guide to managing time off, training and facilities; and
- Non-Union Representation in the Workplace – a guide to managing time off, training and facilities.
The provisions of the Code are admissible in evidence in proceedings before and Employment Tribunal relating to time off for trade union duties and activities. Any provisions of the Code which appear to the Tribunal to be relevant shall be taken into account. However, failure to observe any provision of the Code does not in itself render a person liable to any proceedings.
