HR Legal round up....

Gordon Hay of GH Employment Solutions suggests that there’s more for employers to focus on than the Election;

There may well be electioneering mayhem all around us, but the machinery of Government continues to grind on in the background, pumping out virtuous legislation to control the masses, which invariably results in additional workloads for employers in adopting and/or adapting their procedures to comply.

At least 8 pieces of legislation have been enacted or approved since the 6^th April, the day the Election campaign got started. All of them will have an impact, some more than others. Here is a brief run-down:

Fit notes

The system of sick notes is replaced by a fit-note system under which GPs can suggest adjustments to an employee's role and/or workplace to enable them to return to work. Although the recommendations are not binding and are likely only to be for the duration of the fit note, employers should carefully consider making adjustments. The four categories a GP may choose to suggest adjustments are a phased return to work, amended duties, altered hours or workplace adaptations. Do consider possible disability discrimination issues, and carry out a risk assessment where appropriate.

Additional paternity leave

There is a new right to additional paternity leave allowing the father or adopter (as applicable) of babies or matched for adoption after 3 April 2011,  to take up to 26 weeks' paternity leave in the first year of a child's life. This will, in effect, allow fathers to share maternity leave with the mother, who will be able to return to work after six months, leaving the father to take what is left of the 12 months' maternity leave.

Statutory maternity, paternity and adoption pay

The standard rates of statutory maternity pay, statutory paternity pay and statutory adoption pay will increase from April 4 from £123.06 to £124.88. Statutory Sick Pay will continue at the rate of £79.15 per week.

Requests in relation to study or training

Employees have a legal right to make a request in relation to study or training - for example, time off work to study. The right is modelled on the procedure allowing parents and carers to make a request for flexible working and applies to employers with 250 employees or more. A refusal of a request must be on one or more grounds specified in the legislation.

Data protection

The Information Commissioner has the power to fine organisations up to £500,000 for serious breaches of the Data Protection Act 1998.

Pensions

The minimum pension age increases from 50 to 55 unless retirement is on the grounds of serious ill health, the member has a protected pension age, or the member started taking benefits before 6 April 2010. Meanwhile, the number of years needed to receive a full basic state pension reduces to 30. The state pension for women born on or after 6 April 1950 will rise to 65 between 2010 and 2020.

Whistleblowing

Employment Tribunals have a new power to forward details of whistleblowing claims to prescribed regulators, provided that the claimant has given express consent in the revised Tribunal claim form.

 Equality Bill

One of the last Bills to have been approved by the previous Parliament, the Equality Bill, should receive Royal Assent imminently. It will become known as the Equality Act 2010. The Act will consolidate, simplify and (to an extent) expand existing discrimination law, with most of its provisions expected to come into effect in October this year. Employers will need to review current policies, practices and procedures as there are important changes.

Bribery Act

This received Royal Assent last week and is likely to come into force on the 1 October 2010, but will depend on the incoming Government.

If bribes are paid by or on behalf of an organisation, the company can be automatically prosecuted for the new strict liability offence of failing to prevent bribery. Its only defence will be to demonstrate that it has 'adequate procedures' in place to prevent corrupt business practices. Guidance on these procedures is likely to be issued by the Ministry of Justice in June or July but will not be prescriptive. The guidance is likely to cover a range of issues including anti-bribery policies, training of staff, corporate entertainment and gifts and better due diligence on agents and business partners.

So, as the politicians get on with their canvassing, employers just have to get on with making sense of all the changes they have left for us to implement in the meantime, and wait with anticipation for a new Parliament’s roll-out of even more legislation!

For further information on any of the above, you should contact Gordon Hay on info@ghemploymentsolutions.co.uk  as his web site is currently being updated.

The information and or comments contained in this blog does not necessarily reflect the views and opinions of Hewett Recruitment.

 For further information on any of the above, you should contact Gordon Hay on info@ghemploymentsolutions.co.uk  as his web site is currently being updated.