Employment Law–What happens when?

If you are involved in the HR function for your organisation – whether directly or indirectly, you’ll know that the pace of legislation and regulation is relentless.

We are therefore indebted to Innes Cark (no relation!) of Morton Fraser for the following information that was published in their February Employment E-bulletin. You can click through to the publication by clicking this link. So in terms of employment law this is how 2012 and beyond is shaping up.

6 April 2012

  • Increase to Qualifying Period for Unfair Dismissal (but only for employees commencing employment on or after 6 April 2012)
  • Subject to parliamentary approval, various Employment Tribunal reforms come into effect. These are:
    1. Witness statements being taken as read unless Employment Judge directs otherwise (this will not apply in Scotland where witness statements are not normally used);
    2. Removal of witness expenses;
    3. Judges sitting alone in unfair dismissal cases unless Employment Judge directs otherwise; and
    4. Changes to limits for cost awards that a Tribunal can make (increase from £10,000 to £20,000) and deposit orders (increase from £500 to £1,000).

Other Employment Tribunal reforms, which are to be implemented by way of primary legislation, will come into effect at a later date. These will include reforms relating to early conciliation, financial penalties for employers who lose Tribunal claims, judges sitting alone in the Employment Appeal Tribunal and the formula for up-rating Tribunal awards.

1 & 6 April 2012

  • Flat rate for statutory maternity, paternity, additional paternity and adoption pay increases to £135.45 (applicable for complete pay weeks commencing on or after 1 April for employees earning £107 or more per week).
  • Statutory sick pay increases to £85.85 (6 April 2012).

1 October 2012

  • Pension auto-enrolment to be implemented (note that the duties upon employers come into effect in stages and initially only very large organisations will have to auto-enrol their eligible jobholders).
  • Likely increase to National Minimum Wage rate. There has been no formal announcement to this effect as yet, however this would be in keeping with the position in previous years.

March 2013

Increase in parental leave entitlement to four months following implementation of EU Parental Leave Directive (2010/18/EU) (see Innes’s blog here for further details).
 
I hope that you’ll find this a good reminder and it’ll help you keep up to speed.
 
Steve Clark

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