Wednesday, 01 April 2009
Employment : Changes in Legislation as of 6th April 2009
The following is a brief summary of the key changes occurring on Monday, 6th April 2009.
1. Abolition of Statutory Dismissal and Grievance Procedures
What to say? It was fun for lawyers and horrendous for everyone else. Anyway, they're gone, and we're back to the pre-2004 position on unfair dismissal, Polkey et al.
2. New Acas Code on Disciplinary and Grievance Procedures
It's pretty short (download it from Acas). If it's not followed, tribunal awards can be adjusted by up to 25%.
Here's something important: for the first time, it is necessary for employers to inform employees of their right to be accompanied - and if the employer fails to do so, it's a breach of the Acas code and so a potential uplift in compensation.
Previous law has just been that the employee cannot be unreasonably refused a representative - now they've got to be told of their right as well.
3. New ET1 and ET3 forms
New forms are to be used from 6th April, unless the transitional provisions mean the pre-April rules still apply (although for a limited period, tribunals will accept both forms). The new form will go up on the employment tribunals website on 6th April.
4. Paid holiday
Paid holiday entitlement increases to 5.6 weeks (equivalent to the old 20 days + 8 days bank holiday for a full-time worker).
5. Changes to employment tribunal rules of procedure
Most important changes are that judges can now sit alone on holiday pay claims and stage 1 equal value claims.
6. Equality Bill
The government plans to publish its long-awaited Equality Bill this month.
7. Flexible working
Parents with children under 16 can now request flexible working (it was previously children under 6). Employers can still just say 'no'!
8. SMP / SSP
SMP increases to £123.06 (from £117.18), and SSP increases to £79.15 (from £75.40)
