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Employment Law

NEW EMPLOYMENT LAW IN 2007

1st FEBRUARY 2007: Employment Rights (Increase of Limits) Order 2006 comes into force.   The Order increases the limits applying to certain awards of employment tribunals and other amounts payable under employment legislation. The limit on the amount of the compensatory award for unfair dismissal increases from £58,400 to £60,600. The maximum amount of 'a week's pay' for the purpose of calculating basic or additional awards of compensation for unfair dismissal or redundancy payment increases from £290 to £310. The Order can be viewed on the OPSI website.

1st APRIL 2007: Standard rates of statutory maternity, paternity and adoption pay are increased.  The standard rates of statutory maternity, paternity and adoption pay are increased to £112.75 per week.    All pregnant employees whose babies are due on or after 1 April 2007 will be entitled to both OML and AML, regardless of their length of service. The Regulations that bring this into force can be viewed on the OPSI website.

1st APRIL 2007: Maternity leave increases.  All pregnant employees whose babies are due on or after 1 April 2007 will be entitled to both OML and AML, regardless of their length of service. The Regulations that bring this into force can be viewed on the OPSI website.  Click here (http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page34031.html) for further information from the DTI on maternity entitlements.

6th APRIL 2007: Information and Consultation of Employees Regulations 2004 are extended. The Regulations, which implement the Information and Consultation Directive in Great Britain, are extended to cover undertakings with 100 or more employees. The Regulations can be viewed on the OPSI website.

6th APRIL 2007: Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 are extended. The Regulations, which introduce a statutory requirement upon employers to consult with prospective and active members of pension schemes and their representatives before making major or significant changes to future pension arrangements, are extended to cover undertakings with 100 or more employees. The Regulations can be viewed on the OPSI website.

6th APRIL 2007: Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations come into force. The Regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 to extend the right to request flexible working to carers of adults from 6 April 2007. The Regulations and the Work and Families Act (PDF format, 135K), which will bring these provisions into force, can be viewed on the OPSI website.

6th APRIL 2007: Public authorities duty to promote gender equality comes into force. The duty will require public sector bodies to draw up a scheme identifying gender equality goals; develop, publish and regularly review a policy on equal pay arrangements; and assess the impact of new legislation, and changes to policies, employment and service delivery. The draft Code of Practice (PDF format) can be viewed on the Equal Opportunities Commission website. The Equality Act (PDF format) and the Order, which bring the Code into force, can be viewed on the OPSI website.

1st JULY 2007: 
Ban on smoking in the workplace comes into force. A ban on smoking in enclosed public places, including most workplaces, comes into force. The ban is set out as part of the Health Act  (on the OPSI website).

1st OCTOBER 2007: Proposed increase to statutory annual leave entitlement. Under current proposals published by the DTI, the statutory paid annual leave entitlement outlined within The Working Time Regulations 1998/ The Working Time (Amendment) Regulations 2002 will be increased from 20 to 24 days.   A further increase is outlined to take place on 1st October 2008, taking the entitlement up to 28 days per annum.  

24th OCTOBER 2007: Data Protection Act 1998 comes fully into force.   Manual filing systems in existence before 24 October 1998 are now required to comply fully with the Data Protection Directive (95/46/EC).

OCTOBER 2007: Commission for Equality and Human Rights is introduced.   A single equality body, called the Commission for Equality and Human Rights, is introduced. The body will merge the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission, and take responsibility for the new laws outlawing workplace discrimination on grounds of age, religion or belief and sexual orientation. It will also be responsible for promoting human rights. The Equality Act (PDF format) , which brings this into force, can be viewed on the OPSI website.

DURING 2007 (Date to be confirmed): Corporate Manslaughter Bill comes into force. New laws on corporate manslaughter are introduced. They will create a new offence of corporate manslaughter, which would allow organisations to be prosecuted for management failures that lead to the deaths of employees and others. The new offence would apply when an individual has been killed because the senior management of an organisation has grossly failed to take reasonable care for the safety of employees or others. It would be an offence committed by organisations rather than individuals and would therefore carry a penalty of an unlimited fine rather than a custodial sentence. The Bill can be viewed on the Parliament website.

DURING 2007 (Date to be confirmed): Centralised vetting system for people working with children and vulnerable adults comes into force.  The Safeguarding Vulnerable Groups Bill will introduce a centralised vetting system for people banned from working with children and vulnerable adults. Employers will be able to make checks online, with information updated straight away when any individual is added to the list. Employers will be informed where possible if an individual becomes barred. There will be fines of up to £5,000 for employers that knowingly employ individuals on the list or fail to make the relevant checks. The Bill can be viewed on the UK Parliament website.


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