Recent and Forthcoming Legislative Changes

The statutory minimum four weeks annual holiday increased to 4.8 weeks on 1 October 2007, eg. companies providing 20 days annual leave must increase it to 24 days paid annual leave per annum.  The second increase in the minimum statutory holiday entitlement to 5.6 weeks per annum will take place on 1st April 2009.  eg. companies providing 24 days annual leave must increase it to 28 days paid annual leave per annum. 

The revised Disability Discrimination Code of Practice (Trade Organisation, Qualifications Bodies and General Qualification Bodies) issues a revised version of the Code of Practice that explains how disabled people are protected from discrimination by trade organisations and qualifications bodies.

The Regulations increase the main (adult) rate of the national minimum wage from £5.52 to £5.73 per hour.  The development rate increases from £4.60 to £4.77 and rate for workers aged 16 and 17 increases from £3.40 to £3.53 per hour.

The government has announced that it intends to take steps to amend the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 so that agency workers on contracts of less than three months are not excluded from statutory sick pay.

The Sex Discrimination Act 1975 (Amendment) Regulations 2008 narrow the extent to which it is not discriminatory to deprive a woman of the benefit of her terms and conditions of employment during maternity leave. The amendments facilitate claims for discrimination in relation to eligibility for remuneration by way of a bonus while on compulsory maternity leave. 

The Information & Consultation Regulations 2004 has been extended to businesses employing 50 or more employees.  These Regulations require employers to inform and consult their employees on issues that affect their employment and they establish a statutory basis for employees to be informed about possible changes in the workplace and the opportunity to influence management decisions.

The statutory entitlement to paid holiday increases from 24 days to 28 days.

The right to request flexible working is extended to parents of children up to the age of 16.

The Safeguarding Vulnerable Groups Act will introduce a centralised vetting system for people banned from working with children and vulnerable adults. Employers will be able to make checks online, with information updated straight away when any individual is added to the list.   Employers will be informed where possible if an individual becomes barred.  There will be fines of up to £5,000 for employers that knowingly employ individuals on the list or fail to make the relevant checks. The

The Government intends to extend paid maternity leave to 12 months. This follows an extension to nine months from April 2007. 

The Government intends to allow fathers to benefit from up to 26 weeks' paid additional paternity leave if the mother of the child returns to work before the end of the maternity leave period to which she is entitled.

The government has announced that it intends to amend the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 so that agency workers on contracts of less than three months are not excluded from statutory sick pay. An implementation date is yet to be fixed.