ActivHR Consulting Ltd
Election or not, employment law changes afoot
Friday, 26 February 2010 13:07


It’s difficult to recall a year when we haven’t been swamped with employment law proposals – some dictated by EU law; some by the domestic politics of the day.

A whole host of government consultation documents are out at the moment and it’s hard to imagine them disappearing, even if there’s a change at Number 10. Whoever is in power, the proposals don’t go away. Family-friendly policies, for example – previously somewhat neglected by the Tories – now look likely to be part of their election manifesto.

So, election or not, it appears to be business as usual in employment law.

Proposed changes:

  • Default retirement age The government has brought forward its review by a year in light of the Heyday judgment. The age is likely to rise from the current 65 years.
  • Parental leave An EU directive has extended the right to unpaid leave to four months. The UK should implement this within two years.
  • National minimum wage There is an ongoing consultation on an increase for apprentices.
  • Bank holiday There are plans for an extra day on 5 June 2012 to celebrate the Queen’s diamond jubilee (the late May holiday would be moved to 4 June to create a long weekend).

Definite changes:

  • Public interest disclosure From 6 April claimants making whistle-blowing allegations will be asked on the tribunal ET1 form whether they wish the issue to be referred to the appropriate regulator.
  • Corporate manslaughter Guidelines recommending higher sentences for offences are now in force.
  • Agency workers The regulations are published and due to be implemented by October 2011.
  • Paternity leave New rules on extended paid period will be effective from April 2010, for fathers-to-be with babies due from 3 April 2011.
  • Training A new right to request time off for training will apply from April 2010 in organisations with 250 or more staff, and from 2011 in all other organisations.
  • Blacklisting Regulations making it unlawful to deny employment to people on a trade union blacklist are expected in “early 2010”. 
  • Fit notes “Fit notes” will replace GPs’ sick notes from 6 April.
  • European works councils Regulations are being recast to fit the revised directive.
  • Equality Act 2010 Two new codes relating to employment and equal pay are due to come into force with the act in October.