Employment - Legislative Changes - APRIL 2009

1st April 2009

Holidays

The statutory annual leave entitlement under the Working Time Regulations 1998 increased from 4.8 weeks to 5.6 weeks including bank holidays. For a full timer working 5 days a week this equates to 20 days plus 8 bank holidays per year.

Public Register

Once enforcement proceedings are brought against an employer who fails to pay employment tribunal award their names will now be added to the Register of Judgments Orders and Fines. The Register can be searched by members of the public and credit reference agencies.

6th April 2009

Repeal of Statutory Dismissal Procedure

The statutory procedure made most dismissals automatically unfair if a minimum three-step procedure was not followed. Now repealed (subject to transitional provisions) and replaced by new ACAS Code of Practice on disciplinary and grievance procedures. The Code includes a discretion for employment tribunals to increase or decrease compensation for “unreasonable failure” to comply with the ACAS Code.

Repeal of Statutory Grievance Procedure

Employers will still need to deal with grievances (in accordance with the new ACAS Code see above) but there will no longer be a requirement for an individual to send a written grievance to their employer and wait 28 days before lodging a tribunal claim. Managers may need training in how to deal appropriately with matters that may give rise to a potential tribunal claim. NB. Subject to the transitional provisions employees will lose the current benefit of the extension of time by 3 months for presenting a claim to an employment tribunal where they have raised a grievance with their employer within the first 3 months. The time limit will revert to 3 months (for most claims) and 6 months (for redundancy and equal pay)

Extension of Right to Request Flexible Working

The right to request flexible working has been extended to parents of children up to the age of 16. Previously the right to request flexible working was restricted to the parents of children up to the age of 6.

Increases to Statutory Sick Pay (SSP) & Maternity, Paternity & Adoption Pay (2009/10)

The weekly rate of SSP will be £79.15 (up from £75.40).

The weekly rate of Statutory Maternity pay (SMP), Statutory Paternity pay (SPP) and Statutory Adoption pay (SAP) will be £123.06 (up from £117.18).

The changes to SMP, SPP and SAP apply from 5th April 2009.

Also Note

Holiday Accrual during Sick Leave

At the end of January 2009 the European Court of Justice (ECJ) handed down its decision in the Stringer case. The key points of the Judgment were that workers:

• do accrue holiday during sickness absence
• must be allowed to take holiday entitlement in full on return to work if not able to take it during sickness absence and should be allowed to carry over holiday entitlement, if appropriate, into the next leave year
• on termination of employment should be paid in lieu of holiday not taken during the whole sickness period

The case will now return to the House of Lords for further consideration and possible amendment of the UK Working Time Regulations 1998.

Action points

Employers need to check that employment contracts, policies and procedures reflect the current law and to make sure that managers have read and understand the requirements of the ACAS Code.

Please call our employment team on 01268 240 000 for specialist advice should you require further assistance

April 2009