Employment Law Updates

Employment Law Update - October 2009

  • 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'.

 

  • 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)

  • 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.

  • 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.


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