BHBPA member The Employer's Friend regularly keeps us up to date with changes in the law regarding employment. Nicky Loutit sent me the latest news this week...

Our latest Employment Bulletin highlights some key current employment issues together with some forthcoming changes to legislation.  If you have any questions or concerns about any of the issues highlighted or would like further information, please contact us:

Tel: 07745 409832 or 0777 580 2161 or via: info@theemployersfriend.co.uk

Compensation limits

From 1 February 2010, some compensation limits will fall in line with the decrease in the retail price index.

The maximum compensatory award for unfair dismissal will fall from £66,200 to £65,300; the minimum amount of compensation where an individual is unlawfully excluded or expelled from a union and not admitted or re-admitted by the date of a tribunal application falls from £7,300 to £7,200; and the maximum guarantee payment payable to an employee in respect of any day under the Employment Rights Act 1996 falls from £21.50 to £21.20. These changes will take effect when the event giving rise to the entitlement to compensation/other payment occurs on or after 1 February 2010.

The statutory cap on a week’s pay remains at £380. This limit was introduced in October 2009 and will remain in place until February 2011 when it will then be reviewed.

New Style ‘Fit notes’

‘Fit notes’ which are set to replace doctors’ sick notes for employees in April will include a tick list of options on how employers can help a patient return to work. The latest version of the note, drawn up after a widespread consultation with interest groups, shows four courses of action which the doctor can recommend: phased return to work, amended duties, altered hours and workplace adaptations. There will be a free-form ‘comments’ box for when a doctor thinks another option is more appropriate.

The government said the list is intended to encourage discussions between the doctor and patients, as well as between employee and employer, about the best course for getting back to work.

The fit notes will not include an option for doctors to pronounce a patient ‘fit for work’; instead GPs will choose from ‘unfit for work’ and ‘may be fit for some work, taking account of the following advice’. It will be more important than ever that employer’s ensure GP’s understand the workplace environment so that the GP has an understanding of what, in practice, can be accommodated, to facilitate a return to work.

The maximum sign off for sick employees has been reduced from six months to three months, to support the individuals return to work at the earliest possible opportunity.  In any long-term sickness absence procedure, or if an employer suspects that the employee has a disability, the requirement to obtain additional occupational or other specialist medical reports is likely.

New right to request time off to train

The new right to request unpaid time off work to undertake study or training will come into force on 6 April 2010 for employers with 250 or more employees. The new "right to request" will be available to all employees who have six months’ employment where they consider that the training will improve both their effectiveness at work and the performance of their employer's business. This right to request time off to train and the procedure that should be followed is very similar to the right to request flexible working.

Legislative developments: what to expect in 2010

Equality Bill 2009-10

The Equality Bill is due to receive Royal Assent in Spring 2010. The Bill’s main aims are to achieve harmonisation of equality legislation and strengthen discrimination legislation. All political parties support the Bill’s main aims but depending on when the general election is called and which party is successful may have a significant impact on the Bill. We hope to give a further update in our next bulletin.

Family-friendly legislation

There are still plans to introduce additional paternity leave for babies due or adopted on or after 3 April 2011. At present, the draft regulations provide that mothers (or adopters) will be able to transfer six months’ maternity or adoption leave to the father (or co-adopter) once they return to work. The leave cannot be transferred until 20 weeks after the baby is born or adopted.

Businesses will need to ensure their policies are updated by mid 2010 to provide for the forthcoming changes. The Conservative party has also expressed a commitment to extending paternity provisions, so the additional entitlement is unlikely to be affected by a change of Government at the forthcoming election. The Conservatives also propose to extend the provisions further to allow both parents to take paid time off simultaneously.

In addition to these rights, the Conservatives have indicated an ambition to extend flexible working to “as many people as possible” to reduce the “stigma” associated with flexible working and to improve equality in the workplace.

Default retirement age consultation

Until 1 February 2010, the Government is consulting on the default retirement age (DRA), currently set at 65. There is a strong likelihood that the Government will increase the DRA in the near future, although it also remains open to remove it completely (as well as retain the existing DRA). The latter two are considered less likely.

Agency workers

The UK has until December 2011 to implement the agency Worker Regulations, speculation is that the first draft of the Bill will be produced during 2010. The EU Agency Workers Directive requires businesses to provide temporary agency workers with equal treatment in relation to basic working and employment conditions such as hours, pay and holiday. The UK Government anticipates that these requirements are only likely to apply after an agency worker has been engaged in the same job for more than 12 weeks.

For further information or advice on any issues outlined in this publication, please contact The Employer’s Friend at Lucille@theemployersfriend.co.uk or Nicky@theemployersfriend.co.uk