Friday, 13 Feb 2009
employment law changes - april 2009
As the season turns, so too will a few important changes be springing up this April to existing employment legislation. Here is a brief outline of the main changes that may affect the day to day running of your business:
1. Holiday Entitlement – 1 April 2009
Statutory annual leave will be increased from 4.8 to 5.6 weeks. This is equivalent to 28 days holiday for employees with a five day working week. Note that there is still no statutory right to time off (paid or otherwise) on any bank or public holiday and the statutory holiday entitlement is intended to cover any such days which are taken.
2. Repeal of the Statutory Dispute Resolution Procedures – 6 April 2009
The current statutory dispute resolutions will be repealed in their entirety and replaced by the Acas Code of Practice on Discipline and Grievance. Importantly, under the new regime dismissals will not be automatically unfair for a failure to comply with the Acas Code, but Employment Tribunals will be able to increase or reduce compensatory awards by up to 25 percent for unreasonably failing to comply with the new code.
3. Flexible Working – 6 April 2009
Employees will be able to make a statutory flexible working request, to care for either:
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a child aged 16 and under (previously only for a child aged 6 and under);
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a disabled child who is under 18, and who is in receipt of disability living allowance; or
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an adult who requires care and is their partner, relative or lives at the same address.
4. Increases to Statutory Sick Pay and Maternity, Paternity and Adoption Pay – 6 April 2009
The weekly rate of SSP will be increased to £79.15 (from £75.40) and the weekly rate of SMP, SPP and SAP will be increased to £123.06 (from £117.18).
5. Enforcement of the National Minimum Wage – 6 April 2009
HM Revenue & Customs (HMRC) are given wider powers of investigation and restrictions are removed on the exchange of information between HMRC and the Employment Standards Inspectorate.
There is also a new penalty for employers who underpay their workers and a new method for calculating arrears that takes into account the length of time they have been outstanding.
Don’t be caught out this April Fools’ Day – get up to speed with these important developments.
If you would like any further information or advice on these issues, please contact Donna Reynolds.