Draft Employment Relations Act 1999 (Blacklists) Regulations 2010
Will prevent the blacklisting of workers for their trade union membership or activities. The Regulations will apply to Great Britain only. The Government consulted on draft Regulations in 2003, but found no hard evidence that blacklisting was taking place.
On 7 July 2009 the Government published a consultation paper on an amended version of the 2003 draft Regulations. The main areas for consultation are:
Consultation ended on 18 August 2009. In December 2009 the Government published its response to the consultation and hopes to bring the Regulations into force in early 2010. In January 2010 it published guidance on the draft Regulations.
More information, including the consultation paper, draft Regulations, Government response and guidance is available on the BIS website.
The blacklisting of trade unionists: revised draft regulations
Starting Date: 07-07-09
Closing Date: 18-08-09
Background to consultation
The Department for Business, Innovation and Skills is seeking views on draft Regulations that will outlaw the blacklisting of trade unionists. The Government believes that trade unions, and those who belong to them and participate in their activities, play a legitimate role in any democratic society. It believes that the blacklisting of trade unionists should have no place in the conduct of employment relations in this country. The Regulations that are the focus of the current consultation are an amended version of Regulations that were the subject of a consultation in 2003.
Purpose of consultation
Our proposals were prompted by the investigation of the Information Commissioner into the to actions of the Consulting Association Ltd. In 2003 the Government consulted on draft Regulations to outlaw trade union blacklisting but did not implement them as there was no evidence that blacklisting occurred. Earlier this year, the Information Commissioner uncovered disturbing, but compelling, new evidence that such blacklisting was occurring in parts of the construction industry. In response, the Government is acting quickly to ensure that this unacceptable activity never re-appears again. This consultation seeks views on how the Government should honour that commitment. It is a shortened consultation of 8 weeks as the Government feels that it is important to act swiftly on this issue.
Areas for consultation
The main areas on which the consultation seeks views are:
Response to consultation
The consultation ran between 7 July and 18 August 2009. The consultation document, which includes the original draft regulations, and the Government's response are published below.
Draft regulations were laid for Parliamentary approval on 5 January. The impact assessment for these regulations can be accessed below. Guidance on the draft blacklisting regulations can also be accessed below.
Consultation Documents
Consultation Responses
(172KB) (227KB) (42KB)The Employment Rights (Revision of Limits) Order 2009 (SI 2009/3274)
Coming into force on 1 February 2010
Applies to Great Britain.
Brings in new compensation limits for tribunal claims. The main changes are:
A week's pay will remain the same (£380).
National Minimum Wage
On 12 June 2009 the Government published new terms of reference for the Low Pay Commission (LPC) which included asking them for the first time to consider introducing a National Minimum Wage (NMW) for apprentices. Consultation ended on 8 September 2009 and the LPC will report on this by end of February 2010.
The Government has also accepted a recommendation by the LPC that the adult rate should be extended to 21-year olds.
In December 2009 HMRC announced that from January 2010 a new Dynamic Response Team would tackle the most high profile and complicated cases of non-compliance with the NMW.
Paternity leave and pay is extended
April 2010
Fathers will be able to benefit from up to 26 weeks' additional paternity leave if the mother of the child returns to work before the end of the maternity leave period to which she is entitled. This will be available during the second six months of the child's life and may be paid if taken during the mother's statutory maternity pay period. The Government intends that the legislation is to come into force in April 2010, with effect for parents of babies due from 3 April 2011. The Work and Families Act (PDF format, 135K).
Right to request time off for training is introduced
April 2010
A right to request time off to undertake training, modelled on the right to request flexible working, is introduced. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. Employers will not be obliged to meet the salary or training costs to enable a request for time off to train to be met. The Government intends to introduce the right to time off to train for employees in organisations with 250 or more employees in April 2010, with the legislation being extended to cover all employees from April 2011 at the earliest. Apprenticeships, Skills, Children and Learning Act 2009 (PDF format, 1MB).
Amendments to the Conduct of Employment Agencies Regulations
Expected to come into force in April 2010
Amend the Conduct of Employment Agencies and Employment Business Regulations 2003. Will:
A consultation was launched on 19 March 2009. In November 2009 the Government published its response. The consultation paper and the response are available on the Department for Business, Innovation and Skills website.
Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 come into force
April 2010
The Regulations replace the current "sick note" approach with a "fit note" system. They change the format of the medical statement to allow doctors to record whether a patient is fit or not fit for work but also include a new option to allow a doctor to indicate where someone "may be fit for some work now"; update the rules relating to completing statements; remove forms med 4 and 5 to simplify the process for GPs and employers; and permit GPs to issue statements printed by their practice's computer systems as opposed to handwriting on a statement pad.
SMP, SAP SPP and SSP rates
On 14 December 2009 the Government announced that:
The changes are expected to come into force in April 2010.
Registration with the Independent Safeguarding Authority
To be confirmed
Further implementation of the Safeguarding Vulnerable Groups Act 2006 includes voluntary registration with the Independent Safeguarding Authority for all new entrants from 26 July 2010. Employers must check that they are registered from 1 November 2010. Individuals already working in a regulated activity and who have not moved into a new role with a new employer will be able to apply for registration from 1 April 2011, with mandatory registration by 31 July 2015.
Number of years' contribution required to achieve a full basic state pension reduced
6 April 2010
The number of years' contribution required to achieve a full basic state pension reduces to 30 years for both men and women.
The Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 (SI 2010/31); The Draft Data Protection (Monetary Penalties) Order 2010
Expected to come into force on 6 April 2010
These Regulations will enable the Information Commissioner to order organisations to pay up to £500,000 for serious breaches of the Data Protection Act 1998.
The Information Commissioner's Office (ICO) has published statutory guidance on the circumstances in which the Commissioner will issue the monetary penalties and how he will decide the level of these penalties.
Consultation on employment tribunal claims and the Public Interest Disclosure Act 1998 (PIDA)
On 3 July 2009 the Government published a consultation paper on how to develop a practical method of passing employment tribunal papers to the relevant regulator for claims made under PIDA, so that the allegations of the underlying issue can be investigated where appropriate by the regulator. Applies to England, Scotland and Wales.
Consultation ended on 2 October 2009. The Government will consider the responses and publish its own response. Secondary legislation is expected to come into force in April 2010, subject to Parliamentary approval.
More information, including the consultation paper and draft amending regulations, is available on the BIS website.
Single Equality Act introduced
October 2010
The Equality Bill consolidates existing equality law into a single piece of legislation. The Bill also introduces a number of reforms, including provision to make regulations requiring employers with at least 250 employees to publish information relating to the differences in pay between men and women (expected to come into effect in 2013).
Maternity pay is extended to 12 months
To be confirmed
The Government intends to extend paid maternity leave to 12 months. This follows an extension to nine months from April 2007.
Single equality duty introduced
April 2011
The Equality Bill replaces the current public sector duties to promote equality with a single equality duty extending to other protected characteristics. This will oblige public authorities to have regard to the need to eliminate discrimination and other prohibited conduct.
EU blue-card Directive must be implemented
19 June 2011
The Directive defines conditions of entry and residence for more than three months of people who are not EU citizens and apply to be admitted to the EU for the purpose of high-qualified employment. Such people will be issued with an "EU blue card".
Equal treatment for agency workers
1 October 2011
The Temporary Agency Workers Directive ensures that temporary agency workers receive the same basic employment and working conditions as if they had been employed directly by the end user. The
Personal Accounts scheme starts up under Pensions Act 2008
October 2012
The Pensions Act provides that from 2012 all eligible workers, who are not already in a workplace pension scheme, are to be automatically enrolled into either their employers' pension scheme or a new savings vehicle, known as a personal account scheme. To encourage participation, employees' pension contributions will be supplemented by contributions from employers and tax relief.
School leaving age is raised to 18
2013
The Education and Skills Act 2008 changes the statutory framework to put a duty on all young people in England to participate in education or training until the age of 18. It also amends legislation about the provision of adult education and training, and support for young people.
State pension age rises to 66 years
Between 2024 and 2026
The Pensions Act 2007 raises the state pension age from 65 to 66 years to reflect the ageing nature of the population.
State pension age rises to 67 years
Between 2034 and 2036
The Pensions Act 2007 raises the state pension age from 66 to 67 years to reflect the ageing nature of the population.
State pension age rises to 68 years
Between 2044 and 2046
The Pensions Act 2007 raises the state pension age from 67 to 68 years to reflect
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