A number of changes to employment laws will come into force in April 2011. This briefing note is a reminder for employers of the key changes and the actions for them.
Flexible Working
From 6 April 2011, eligible employees will be able to request flexible working to care for any child under 18 years of age. Currently, the right to request flexible working is available in respect of a child under 17 (or under 18 if the child is disabled).
Employers should update their employment policies on the right to request flexible working and any related administrative forms.
Additional Paternity Leave and Pay
On 6 April 2011, the right to additional paternity leave ("APL") comes into force. This will apply to parents of a baby due on or after 3 April 2011 and to adoptive parents who are notified that they have been matched with a child on or after that date.
An eligible employee's statutory minimum entitlement is to one period of APL, which must be taken to care for the child, taken in multiples of complete weeks and last between two weeks and 26 weeks. The period of APL must be taken within a "window" that starts 20 weeks after, and ends 12 months after, the child's date of birth or placement for adoption. It is dependent on the employee's spouse, civil partner or partner having returned to work from their statutory maternity or adoption leave.
To be eligible to take APL, employees must have sufficient continuous employment with their employer and the required relationship with the child. They must also satisfy the applicable notice and evidential requirements, including the provision of declarations from both themselves and the mother or adopter. Once an employee has given eight weeks' notice of their intention to take APL, their employer is obliged to confirm the start and finish dates within 28 days of receipt.
Employees who take APL will be entitled to additional statutory paternity pay ("ASPP") if they meet the eligibility requirements. The ASPP scheme mirrors the ordinary statutory paternity pay scheme. To be entitled to ASPP, an employee must satisfy the eligibility criteria, give the required notice and provide the required evidence. The mother or adopter must have been entitled to maternity allowance, statutory maternity pay ("SMP") or statutory adoption pay ("SAP") and must have returned to work with at least two weeks' of their pay period remaining. The total number of weeks of ASPP that the employee may receive will depend on the number of unused weeks of the maternity allowance, SMP or SAP that were left when their spouse or partner returned to work.
Employers should update their policies on maternity, adoption and paternity pay and leave, and any related administrative forms.
Abolition of Default Retirement Age
On 6 April 2011, the default retirement age will be abolished, subject to transitional provisions. Any dismissal because of age taking place on or after 6 April 2011 will constitute direct age discrimination under the Equality Act 2010, unless it falls within the transitional provisions.
Under the transitional provisions, 5 April 2011 is the last date on which employers can issue notice of retirement under the current retirement procedures for employees aged, or who will attain the age of, 65 (or the normal retirement age if higher) on or before 30 September 2011.
Given the complexity of the regulations, we recommend that employers exercise caution when relying on the transitional provisions, and speak to their advisors to ensure they are complying with the requirements set down by the regulations.
Increases to Statutory Maternity, Paternity and Adoption Pay
From 11 April 2011, statutory maternity, paternity and adoptive pay will increase from £124.88 to £128.73. The weekly earnings threshold for these payments will rise from £97 to £102.
Employers should ensure that their payroll systems are updated accordingly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
