Watson Esam | News | Employment Law Changes 2010
Employment law progresses at an amazing pace with new legislation and changes to existing legislation being announced every year. 2010 is no exception and we must prepare to encompass the changes into our employment practices. Here we have gathered together brief information of some of the most important changes that employers will need to be aware of.
The Equality Bill 2009-10, likely to come into force in October 2010 and is intended to harmonise and strengthen discrimination law. Proposals relate to gender pay discrimination; "multiple" direct discrimination claims; new types of disability and a widening of the definitions of direct discrimination and harassment and broadening the scope of permitted positive action to allow employers to choose between two "equally-qualified" candidates by selecting one from an under-represented minority.
Expected in Spring 2010 the new "fit notes" will replace sick notes. GPs will be able to state if a patient is fit for work/some work/no work, and to comment on whether adjustments (such as a phased return to work, altered hours, amended duties and/or workplace adaptations) would be beneficial. A specialist medical will still be required if the employer suspects that the employee's condition may amount to a disability. GPs will also be able to issue computerised statements instead of writing them by hand.
The new "right to request" unpaid time off work for study or training will come into force on 6 April 2010 for employees who have worked for 6 months or more for employers with 250 or more employees. The employee must believe that the training will improve both their effectiveness at work and the performance of their employer's business.
From November 2010, individuals seeking to work in regulated activity with children or vulnerable adults must register with the Independent Safeguarding Authority (ISA), although individuals may register from July 2010.
During 2009 the Government consulted on its proposal that, if the claimant consents, employment tribunals would pass on details of whistleblowing cases to the appropriate regulator, who would then be able to investigate the alleged malpractice. A full response is yet to be announced but the Government has previously stated that the new regime would apply to all tribunal claims brought on or after 6 April 2010.
For parents of babies born on or after 3 April 2011 there will be additional paternity leave, some of which will be transferable from the mother to the father. Businesses will need to ensure their policies are updated by mid 2010 to provide for the forthcoming changes.
The Government has brought forward its review of the default retirement age (DRA) from 2011 to 2010 and it is highly likely the DRA will be increased in the near future.
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