Outlined below are some of the most recent changes in employment law.
Dispute and grievance resolution procedures
The statutory dismissal and grievance procedures have been abolished, although they will still apply to those that took place before 6 April 2009. As mentioned in IHL169, p21, the new Acas code applies from 6 April 2009. Although not statutory, employers will need to follow it to ensure that dismissals are fair and to prevent an uplift of up to 25% on any compensation awarded in a tribunal.
Social Security Benefits Up-rating Order 2009
As of 6 April 2009, the weekly rate of statutory sick pay was increased from £75.40 to £79.15. The weekly rate of statutory maternity pay, statutory paternity pay and statutory adoption pay was also increased from £117.18 to £123.06.
Working Time (Amendment) Regulations 2007
Statutory annual leave entitlement increased from 24 to 28 days from 1 April 2009. Bank and public holidays count towards this entitlement. Therefore, employers can provide that employees have 20 days’ annual holiday, plus bank and public holidays.
Flexible Working (Eligibility, Complaints and Remedies) Amendment Regulations 2009
Employees who have children under the age of 16 and are responsible for caring for them can now request flexible working, whereas previously it was only parents with children under the age of six. Employers still have the right to reject the request on the same statutory grounds as before. For example, because the employee is not eligible or has failed to comply with the proper procedure.
By Clare Battersby, associate solicitor, employment group, Salans.
E-mail: cbattersby@salans.com.
