2008 Employment Legislation
2008 Employment Legislation 1 February - Compensation limits increased
The Employment Rights (Increase of Limits) Order 2007 increased the limits which apply to certain employment tribunal awards and other amounts payable under employment legislation. The limit on the amount of the compensatory award for unfair dismissal increased from £60,600 to £63,000. The maximum amount of "a week's pay", for the purpose of calculating basic or additional awards; compensation for unfair dismissal or redundancy payments, increased from £310 to £330.
2008 Employment Legislation 29 February - Illegal workers
The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008 set the maximum penalty for employing an illegal worker at £10,000.
The Immigration (Restrictions on Employment) Order 2007 identifies when an employer may be excused from paying a penalty and lists the combination of documents to be produced by prospective employees. The code of practice entitled "Guidance for Employers on the Avoidance of Unlawful Discrimination in Employment Practice While Seeking to Prevent Illegal Working" came into force on 29 February 2008.
Further details can be found on the Border Agency's website.
6 April - Sex Discrimination Amendment Regulations
The Sex Discrimination Act 1975 (Amendment) Regulations 2008 made various amendments to the Sex Discrimination Act 1975 (the Act) to ensure it properly implemented the provisions of the EC Equal Treatment Directive.
For further information see sex discrimination
2008 Employment Legislation 6 April - SSP, SMP, SPP, SAP rates increase
The Social Security Benefits Up-rating Order 2008 increased statutory payments.
Standard rates of statutory maternity, paternity and adoption pay increased to £117.18 per week
Statutory sick pay increased to £75.40
2008 Employment Legislation The Order bringing the increases into force can be viewed on the OPSI website.
2008 Employment Legislation 6 April - The Corporate Manslaughter and Corporate Homicide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 created an offence if a person dies because of the way in which an organisation's activities are managed or organised. Read LGE's guidance on the Act.
2008 Employment Legislation -1 October - National minimum wage increases
The adult hourly rate increased from £5.52 to £5.73.
The hourly rate for 18 to 21 year olds increased from £4.60 to £4.77.
The hourly rate for 16 and 17 year olds increased from £3.40 to £3.53.
5 October - Changes to maternity and adoption leave
A woman expecting a child on or after 5 October 2008 is entitled to the benefit of her terms and conditions other than wages or salary during additional maternity leave, as well as ordinary maternity leave. The same principle applies to those adopting where the child is placed on or after 5 October. For further details see work and families.
2008 Employment Legislation -27 October - Employment and Support Allowance Regulations 2008
The Employment and Support Allowance is payable to new claimants who are unable to work because of illness or disability instead of Incapacity Benefit (IB) from 27 October. Those already in receipt of IB will continue to receive it. Further information is available on the Jobcentre Plus website .
27 October - Agency workers and SSP
2008 Employment Legislation - The Fixed-term Employees (Prevention of Less Favourable Treatment) Amendment Regulations 2008 removed the restriction that prevents agency workers with contracts of three months or less from receiving SSP.
2008 Employment Legislation November - New points-based immigration system. The points based immigration system for tier 2 (skilled workers with a job offer) and tier 5 (youth mobility and temporary workers) opened at the end of November. For further details see the Border Agency website.
2008 Employment Legislation The Education and Skills Bill
Among other measures, the bill, if enacted, would oblige employers to release 16 and 17 year olds for approximately one day a week to undertake accredited training where this was not provided by the employer. Further information on the bill.
2009 Employment Legislation
2009 Employment Legislation 1 February - Compensation limits increased
The Employment Rights (Increase of Limits) Order 2008 increased the limits which apply to certain employment tribunal awards and other amounts payable under employment legislation. The limit on the amount of the compensatory award for unfair dismissal increased from £63,000 to £66,200. The maximum amount of "a week's pay", for the purpose of calculating basic or additional awards; compensation for unfair dismissal or redundancy payments, increased from £330 to £350.
2009 Employment Legislation 1 April - Working time annual leave
Under the Working Time (Amendment) Regulations 2007 the statutory minimum annual leave entitlement increased from 4.8 to 5.6 weeks (24 to 28 days per annum for those working a five-day week, pro-rata for part-time workers). Further information is available on BIS's website
2009 Employment Legislation 1 April - Local Government and Public Involvement in Health Act 2007
The Local Government and Public Involvement in Health Act 2007 provides the statutory framework for the reorganisation of local government. Affected employees of existing county and district councils who were in post immediately prior to 1 April 2009 became employees of new unitary councils, though not all individual posts will continue. Staff were treated as if the TUPE Regulations 2006 applied. Further information is available at LGE's Local government reorganisation page.
2009 Employment Legislation 5 and 6 April - SSP, SMP, SPP, SAP rates increase
2009 Employment Legislation The Social Security Benefits Up-rating Order 2009 increased statutory payments.
2009 Employment Legislation From 5 April 2009 standard rates of statutory maternity, paternity and adoption pay increased to £123.06 per week
2009 Employment Legislation From 6 April 2009 statutory sick pay increased to £79.15 The Order bringing these increases into force can be viewed on the OPSI website.
2009 Employment Legislation 6 April - Statutory dispute resolution procedures repealed
The statutory discipline and grievance procedures were repealed. Instead, tribunals will be able to increase or reduce any compensation awarded by up to 25% if it is found that the ACAS code of Practice was not followed. More information on the transitional arrangements is available on the BIS website.
2009 Employment Legislation 6 April - Right to request flexible working
The right to request flexible working was extended to parents of children aged 6 to 16 inclusive. For further details see LGE's flexible working page. The right is implemented under the: Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009.
2009 Employment Legislation 1 October - National minimum wage increases
The adult hourly rate increased from £5.73 to £5.80.
The hourly rate for 18 to 21 year olds increased from £4.77 to £4.83.
The hourly rate for 16 and 17 year olds increased from £3.53 to £3.57.
1 October - 2009 Budget increase in "a week's pay" for unfair dismissal compensation and statutory redundancy pay
2009 Employment Legislation The Work and Families (Increase of Maximum Amount) Order 2009 implemented the one-off 2009 Budget increase in the maximum amount of "a week's pay" for calculating compensation for unfair dismissal and redundancy pay, from £350 to £380.
2009 Employment Legislation -12 October - Vetting and barring scheme and the Rehabilitation of Offenders Act 1974
2009 Employment Legislation -The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009 amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. It adds to the list of categories for which it is lawful to ask questions about spent convictions and cautions for the purposes of assessing a person's suitability work that is a regulated activity relating to children or vulnerable adults within the meaning of the Safeguarding Vulnerable Groups Act 2006.
2009 Employment Legislation - Also from 12 October the Safeguarding Vulnerable Groups Act 2006 makes other changes:
It introduces wide definitions of regulated and controlled activities in relation to children and vulnerable adults;
It reduces the number of barred lists to two;
It makes it a criminal offence for an employer to employ a barred person in the defined activites, or not carry out a check to ascertain whether the person is bared;
It also makes it a criminal offence for a barred person to work or seek to work in these activities, even as a volunteer;
It makes modifications to the CRB check procedure;
It places a duty on employers to make a referral of any employee or volunteer causing concern to the Independent Safeguarding Authority (ISA);
The ISA is charged under the 2006 Act with overseeing a system of registration and continious monitoring of people working with children and vunerable adults, further stages of which will roll out in 2010 and beyond:
2009 Employment Legislation - From 26 July 2010 all new entrants and movers will be able to register with the ISA;
From November 2010 employers will not be able to recruit staff who are not ISA registered;
From April 2011 staff and volunteers in post will be able to apply for registration;
"The full review by de Poel ensured the delivery of a more productive and happy workforce as they identified a very efficient process of getting the right people for the right jobs"
