Employment Law Update - October 2009
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Holidays and Sick Pay
- Long Term Absence
- Employees can use accrued holidays if they have run out of SSP (Statutory Sick Pay).
- They cannot carry holidays over into the next holiday year (under UK legislation).
- Employees cannot use Working Time hours whilst off absent.
- Holidays
- If an employee is on holiday and can prove they are/were sick, they can use their holidays at a later date and can use a self cert / GP note
- GP Notes
- From April 2010 GPs have to sign 'fit for work' notes, either 'fit for work', 'not fit for work' or 'maybe fit for some work'.
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The Equality Bill
- Will be introduced on 24th April 2009 and expected implementation date by Autumn 2010.
- Will harmonise all discrimination legislation into one, using 'protected characteristics'.
- Further information regarding direct and indirect discrimination will be provided.
- Further information regarding harassment, including third party will be provided.
- Pay Secrecy Clauses will no longer be applicable for contract of employment.
- Private sector employers will have to publish information regarding differences in pay between males and females if employ over 250 employees (power unlikely to be used before April 2013).
- Public sector employers will have to provide gender pay gaps, ethnic minority employment rates and disability employment rates (again by 2013)
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Maternity Legislation
- Transfer of last six months of maternity leave from mother to father.
- In force by April 2010, to take effect for parents of children due on or after 3rd April 2011.
- To be taken in one continual block, 8 weeks notice of leave / return.
- To be taken no earlier than 20 weeks from the date of birth and before the child's first birthday.
- More details to follow regarding practicalities.
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Temp / Agency Workers
- Will have the rights to the following:
- H&S protection
- National Minimum Wage
- Limits on Working Time
- Paid Holidays
- Anti-discrimination laws
- The employer is the agency, not the worker.
All information is general and further information should be sought through HR Practical Solutions Ltd or an Employment Law practitioner.