1. Flexible working – extension of the right to further groups

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 further amend the Flexible Working Regulations to extend the right to request flexible working to care for a child to further groups, as follows:

  •  An “adopter” has been redefined to extend the definition to persons who have given notice of their intention to apply for an adoption order as required by the Adoption and Children (Scotland) Act 1978 (or the Adoption and Children Act 2002 in England & Wales) and to those who are adopting a child, whether domestically or intercountry, where the child has not been placed with those adopters by a UK adoption agency;
  •  Private foster carers (as opposed to those who have children placed with them by fostering services); and
  • Those persons in whose favour a residence order is in force in respect of the child to be cared for.

As with other groups, the right to request flexible working extends to those married to or the partner or civil partner of such persons. 

Employers are advised to update their flexible working policies to reflect these changes.

2. National Minimum Wage increase

The new national minimum wage rates (which are increased annually) are as follows:

  • Age 22 + = £5.52 (previously £5.35);
  • Age 18 – 21 = £4.60 (previously £4.45); and
  • Age 16 + 17 = £3.40 (previously £3.30).

3. Increase in statutory holiday entitlement – phase 1

Phase 1 of the increase in statutory holiday entitlement, i.e. the increase from 4 weeks to 4.8 weeks comes into effect today (The Working Time (Amendment) Regulations 2007).  Phase 2 – a further increase in entitlement from 4.8 to 5.6 weeks - will take effect on 1st April 2009.  Key points to remember include:

  • There is no qualifying period for the additional holiday entitlement but in the first year of employment, employers may limit workers from taking more leave than they have accrued; 
  • The increase is subject to a maximum statutory holiday entitlement of 28 days;
  • Partial days’ holiday are not rounded up to the nearest full day, although employers may wish to do this for ease of administration. Rounding down is not permitted;
  • The additional holiday may be carried over to the following leave year (only), subject to the agreement of both employer and employee;
  • Payment in lieu of the additional statutory holiday entitlement only (the new 0.8 weeks) is permitted until 1st April 2009 (as well as on termination of employment);
  • Employers are obliged by section 4 of the Employment Rights Act 1996, to provide those employees whose leave is increased owing to the new rules with a written statement containing details of this change to their employment particulars.  This must be done at the earliest opportunity and in any event not later than 1 month after the change takes effect.  Note also that the possibility of carrying over the new, additional leave entitlement (see above) may also have an impact with regard to the notification of employment particulars;

4. Commission for Equality & Human Rights (“CEHR”)

A new body established by the Equality Act 2006, the Commission for Equality and Human Rights (“CEHR”), has replaced the Commission for Racial Equality, Disability Rights Commission and the Equal Opportunities Commission.  The new Commission is to be an “independent influential champion whose purpose is to reduce inequality, eliminate discrimination, strengthen good relations between people and protect human rights”.

The CEHR is taking on all the powers of the previous Commissions as well as new powers to enforce legislation more effectively and promote equality for all. It covers Scotland, England and Wales, although in Scotland and Wales there are statutory committees responsible for the work of the CEHR.

Disclaimer

The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.

© MacRoberts 2007