news

Here we list recent and future implementation dates for some of the most important measures introduced by Statute, Regulation and Directive. They are briefly summarised under subject headings.

If you would like further clarification on these new legal developments please contact us.

1 October 2010

The majority of the provisions of the Equality Act 2010 came into force.  The Equality Act consolidated previous individual discrimination statutes and regulations covering sex (including transgender, marital status and pregnancy & maternity), race, disability, sexual orientation, religion or belief and age.  The new Act ensures consistency of definition and application across the nine strands – age, disability, marital status & civil partnership, pregnancy & maternity, race, religion or belief, sex, sexual orientation and transgender.  As well as providing consistency in relation to the definitions of direct, indirect, harassment and victimisation it also introduces perceptive and associative discrimination.  The Equality Act also covers equal pay.

1 October 2010
The NMW increased as follows and the age for the upper band was reduced.  The new rates and revised age bands are as follows:

• 21 and over - £5.93 per hour (previously £5.80 for workers aged 22 and over)
• 18 – 20 - £4.92 per hour (previously £4.83 for workers aged 18-21)
• 16 & 17 - £3.64 per hour (previously £3.57)
• Apprentices under 19, or over 19 in the first year of apprenticeship - £2.50 per hour.

The accommodation offset increased to £4.61 per day from £4.51.

1 January 2011

Employers can no longer include any travel or subsistence expenses paid to a worker when working at a temporary location as counting towards the employer meeting the requirements to pay the NMW.

1 February 2011

Tribunal compensation limits increase with the maximum compensatory award for unfair dismissal rising to £68,400 from £65,300.  The amount of a week’s pay used for calculating the basic award for unfair dismissal or statutory redundancy pay increases to £400 per week from £380.  The maximum basic award or redundancy payment will rise to £12,000 from £11,400.
The new limits apply for dismissals on or after 1 February 2011.

April 2011

The ‘positive action’ in recruitment or promotion clause of the Equality Act will come into force allowing employers – if they choose – when faced with two ‘equally qualified’ candidates to recruit (or promote) the candidate from the under-represented strand.

3 April 2011

The right to request flexible working will be extended to parents with children under the age 18.  The Government has indicated that it ultimately would like to extend the right to request flexible working to all employees.

3 April 2011

The right to additional statutory leave will come into force for parents whose babies are due on or after 3 April 2011 or who are notified of having been matched for adoption on or after 3 April 2011.  The right will only apply where the employee’s partner has gone back to work with some statutory maternity (or adoption) leave untaken.

3 April 2011

The rates for SMP, SAP, SPP and SSP will increase.  SMP, SAP and SPP will increase to £128.73 per week from £124.88.  SSP will increase to £81.60 per week from £79.15.  SSP had been unchanged since the 2009-2010 tax year.  The lower earnings level rises to £102 from £97.

6 April 2011

The default retirement age will be removed on 1 October 2011 however it will not be possible after 6 April 2011 to give the ‘modified’ (two week) notice under the ‘duty to consider’ arrangements to anyone who would have been due to retire at 65 on or behalf 30 September 2010. 

6 April 2011

The Bribery Act 2010 comes into force modernising bribery law to promote anti-bribery practices among businesses.  Under the Act it will be an offence to fail to prevent bribery by persons working on behalf of a business.  It will be criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe.  It will also be an offence to bribe a foreign official.

5 June 2011

The Transnational Information and Consultation of Employees (Amendment) Regulations 2010 will come into force.  Changes include new definitions of information and consultation, and requiring arrangements for informing and consulting employees to be defined and implemented.  Further provisions include requiring training for ICE representatives and increasing the fine for failure to £100,000 from £75,000.

1 October 2011

The default retirement age of 65 will be repealed.  Employers needing to retire staff will have to objectively justify their decision – is it a proportionate measure to achieve a legitimate business aim.  Employees will be able to work beyond 65 without having to make a request.

1 October 2011

The Agency Workers Regulations 2010 come into giving agency temporary workers equal rights in comparison to permanent workers as regards basic working conditions including pay, working hours and holidays once they have completed a 12-week qualifying period.