Here is a quick reminder of the key employment law changes coming into effect on 6th April 2009:

Statutory Dispute Resolution Procedures Repealed

Today is the day! We finally see the repeal of the statutory disciplinary, dismissal and grievance procedures. The new ACAS Code of Practice on Discipline & Grievance and accompanying guidance comes into effect and employment tribunals will be able to adjust compensation by up to 25% for unreasonable failure to comply with the ACAS Code.  Don't forget, however, about the transitional provisions which will apply. Click here for further details.

There will also be new ET1 and ET3 forms available from today.

Extension Of Right To Request Flexible Working

The right to request flexible working is extended to parents of children aged under 17 years of age (i.e. 16 and under) (18 if disabled).  Employers' duties to consider such requests remain the same and they may only reject them for one or more of the business reasons provided for in the legislation.

New Weekly Rates For Statutory Maternity, Adoption, Paternity And Sick Pay

The new rates are as follows:

  • Statutory Maternity Pay – the first 6 weeks will be paid at the rate of 90% of average weekly earnings and the remaining weeks at the lesser of 90% of average weekly earnings or £123.06 (previously £117.18);
  • Statutory Adoption Pay – the lesser of 90% of average weekly earnings or £123.06 (previously £117.18);
  • Statutory Paternity Pay – the lesser of 90% of average weekly earnings or £123.06 (previously £117.18);
  • Statutory Sick Pay – the new weekly rate increases from £75.40 to £79.15.

Holiday Entitlement

Although not actually today - we would also remind you that statutory holiday entitlement increased from 4.8 weeks to 5.6 weeks on 1st April.

If you haven't already done so, you should review and update your policies and procedures to ensure the above changes are incorporated.

Following on from the sell-out workshop on the Employment Act 2008 which we ran in Edinburgh in March, we are running the same workshop in Glasgow on 5 May, which will include practical case studies and guidance on the new landscape for discipline and grievance resolution. For more information and/or to register, click here and access the first event of those listed.

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 2009