Kea Employment Law Seminar

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April 2011

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  • www.kea-hr.co.uk
  • Kea Employment Law Seminar

    1. 1. www.kea-hr.co.uk 1 EMPLOYMENT LAW 16 April 2010
    2. 2. Employment Law ● Family Friendly Rights ● The Equality Bill ● Agency Worker Regulations ● Fit Notes ● Compensation Limits ● Holidays during Sick Leave ● Any Other Areas of Interest www.kea-hr.co.uk 2
    3. 3. Family Friendly Rights ● Additional Paternity Leave ○ Babies born, or children adopted, on or after 3 April 2011 ○ Up to 26 weeks ○ Mother must return to work ○ Pay same as SMP – mother must be entitled ○ Self certified ○ Eligibility mirrors Ordinary Paternity Leave ● Childcare Vouchers www.kea-hr.co.uk 3
    4. 4. Equality Bill ● Was introduced in the House of Commons on 24 April 2009 ● Expected to be implemented in October 2010 ● Has two purposes:- ○ to harmonise discrimination law ○ Strengthen the law to support progress on equality www.kea-hr.co.uk 4
    5. 5. Equality Bill (2) ●Anticipated changes:- ○ Consolidate existing equality legislation ○ Outlaw pay secrecy clauses ○ Employers to publish pay differences ○ Empower tribunals to make recommendations which apply to whole workforce ○ Create single public sector equality duty ○ Enable positive action ○ Caste discrimination www.kea-hr.co.uk 5
    6. 6. Equality Bill (3) www.kea-hr.co.uk 6 ● Positive Action ○ Where members of a group are underrepresented, at a disadvantage or have particular needs ○ Can take any action which is a proportionate means of addressing that (not in relation to recruitment or promotion ○ In recruitment or promotion a person can take action where a group is underrepresented or disadvantaged. ● Carry out an equal pay audit?
    7. 7. Agency Workers ● Directive published 5 December 2008 ○ Provides for agency workers to receive equal rights with full time employees BUT ○ Only after 12 weeks service ● 1.3 million agency workers ● Must be implemented by 5 December 2011, likely to be 1 October 2011 www.kea-hr.co.uk 7
    8. 8. Fit Notes ● 6 April 2010 ● Replace sick notes ● Focus on what can be done to facilitate a return to work ● Enable discussion between GP, employer and employee ● Up to employer to decide whether employee is able to return www.kea-hr.co.uk 8
    9. 9. Compensation Limits ● Weeks pay remains at £380 ● Maximum compensation award in an unfair dismissal decreases to £65,300 www.kea-hr.co.uk 9
    10. 10. Holidays during Sick Leave ● Working Time Regulations ○ Workers have a minimum entitlement to paid annual leave ○ Cannot be replaced by payment in lieu except on termination ● Court of Appeal ○ A worker is not entitled to paid annual leave during a period of sick leave that encompasses a whole leave year www.kea-hr.co.uk 10
    11. 11. Holidays during Sick Leave ● European Court of Justice ○ Member states are allowed to stipulate that workers on sick leave cannot take holiday during sick leave  BUT workers must be able to take the leave at another time ○ A workers right to paid leave will continue to accrue and cannot be extinguished ○ On termination workers will be entitled to a payment in lieu of accrued but untaken leave www.kea-hr.co.uk 11
    12. 12. Holidays during Sick Leave ● House of Lords ○ Confirmed CA decision ○ Door opened for unlawful deduction of wages claims ○ Grey area remains in relation to carry over of leave in UK www.kea-hr.co.uk 12
    13. 13. Other Matters ● Age Discrimination – likely to increase default retirement age from 65 ● Plans to shelve the DRA have been scrapped ● Safeguarding Vulnerable Groups Act 2006 ● Blacklisting of union members to be outlawed www.kea-hr.co.uk 13
    14. 14. Other Matters (2) ● New right to request paid time off to train ○ 6 April 2010 ○ Employers with 250 or more employees ○ 6 months service ○ Must demonstrate a benefit to employer ● Whistleblowing ○ 6 April 2010 ○ Where ET claimant consents tribunal will pass info to appropriate regulator to investigate the alleged malpractice www.kea-hr.co.uk 14

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