Saturday 11 October 08 - 08:10
 

Business

Employment Law Update 2004 - Part I

The Queen's Speech in November 2003 outlined the government's plans for employment law in 2004.

Gareth Edwards , an Associate in the Nottingham employment team of national law firm Eversheds LLP says there's more to come.

Among the government's Employment Law plans was a Pensions Bill, a Disability Discrimination Bill and a review of the Employment Relations Act 1999.

But this is only part of the story. December 2003 saw a lot of activity and as described in this two part special feature, there are a number of new employment initiatives that you need to be aware of in 2004.

December 2003 The Equal Opportunities Commission issued a revised Code of Practice on Equal Pay, which came into force on December 1, 2003. The Code has been revised to take account of new legislation and recent case law. The new material in the revised Code includes information on equal pay for pregnant women and women on maternity leave, grievance procedures, the equal pay questionnaire and equal pay reviews. The Code is admissible in evidence in any proceedings under the Sex Discrimination Act 1975 or the Equal Pay Act 1970 and this means that, whilst the Code is not legally binding, an employment tribunal may take into account an employer's failure to act on its provisions.

Further information: The Equal Opportunities Commission 0845 601 5901 or www.eoc.org.uk/cseng/legislati on/law_code_of_practice.pdf The Employment Equality (Sexual Orientation) Regulations 2003 came into effect on December 1, 2003 and make it unlawful for an employer to discriminate on the grounds of sexual orientation in employment and vocational training.

On December 2, 2003 the Employment Equality (Religion or Belief) Regulations 2003 came into force and made it unlawful to discriminate on the grounds of religion or belief in employment and vocational training. There is some overlap with the existing Race Relations Act 1976, but the new Regulations go much further as "religion or belief" refers to "any religion, religious belief, or similar philosophical belief" excluding political beliefs.

The Regulations potentially have an impact in a number of areas employers have not previously had to consider, such as dress codes, food restrictions and time off for religious observance.

Further information: ACAS 08457 474747 and the DTI on 0207 215 5000 or www.

dti.gov.uk/er/equality/index.htm and www.acas.co.uk (for guidance notes).

February 2004 The Employment Rights (Increase of Limits) Order 2003 came into force on February 1, 2004. The Order implements the now annual increase in the amount an employee can recover for unfair dismissal.

For employees dismissed on or after February 1, 2004, when calculating the basic award, a maximum "week's pay" has been increased from £260 to £270 (the same figure is also used for the calculation of statutory redundancy payments) and the maximum compensatory award for unfair dismissal has been increased from £53,500 to £55,000.

Further information: HMSO on 01603 723011 and the DTI on 0207 215 5000 or www.

hmso.gov.uk/si/si2003/20033038.htm and http://www.dti.gov.

uk/er/pay.htm April 2004 From April 4, the standard rates of pay for calculating pay for employees on maternity, paternity and adoption leave will be increased from £100 to £102.80 per week (or 90% of the person's average weekly earnings, if less).

On April 6, 2004, the majority of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 came into force (with the exception of some limited provisions to take effect on July 6, 2004).

The Regulations implement new measures to update the regulation of employment agencies and require organisations offering work-finding services to make it clear whether they operate as employment agencies or employment businesses.

The main aim of the Regulations is to produce simpler, clearer rules, which will include an obligation on employment business to state whether someone seeking work is employed by the business under a contract for service or a contract of service. Restrictions will also be placed on employment business charging hirers "temp to perm" or "temp to temp" fees.

Further information: The DTI on 0207 215 5000 or Further information: www.dti.

gov.uk/er/agency.htm July 2004 The finalised version of the Employment Practices Data Protection Code Part 4 - Information about Workers' Health is expected in July 2004.

This follows the publication of a draft version for consultation in December 2003. This part of the Code will provide employers with guidance on handling information about worker's health and will deal with the operation of Occupational Health Schemes, the medical examination of workers, drug and alcohol testing and genetic testing in the workplace.

Further information: The Information Commissioner on 01625 545745 or http://www.

dataprotection.gov.uk The Employment Relations Bill, which implements the findings of the review of the Employment Relations Act 1999, is due to receive Royal Assent.

Included in the Bill are measures to improve the operation of the statutory trade union recognition procedure and simplify the law on industrial action ballots and ballot notices. It will also ensure protection against unfair dismissal for employees requesting to work flexibly is brought in line with other legislation relating to working parents, the role of the companion in grievance and disciplinary hearings is clarified, and enforcement of the national minimum wage is made easier.

Further information: The DTI on 0207 215 5000 or http://www.dti.gov.uk/er/erbill _2003.htm Next month: A look at the new laws that will be taking effect in October as well as other proposed changes to look out for that affect pensions and working time law.

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