New employment law provisions in force from 1 October 2005

This autumn's crop of new employment legislation is not as radical or far-reaching as the new laws on statutory disciplinary and grievance procedures and the changes to disability discrimination law that were ushered in on 1 October 2004.

However, there are still some important forthcoming changes of which our readers should be aware.

Union ballot

There will be further implementation of the Employment Relations Act 2004. The Act was granted Royal Assent on 16 September 2004, and the measures contained in the Act started coming into force from October 2004.

On the 6 April 2005 the bulk of the Act's provisions came into force. What remained were five provisions, which were dependent on the Code of Practice on Unfair Practices During Recognition Ballots (ss. 9, 10, 13) and the Code of Practice on Industrial Action Ballots and Notice to Employers (ss. 22 and 25). These will be brought into force on 1 October 2005 under the Employment Relations Act 2004 (Commencement No. 4 and Transitional Provisions) Order (2005 SI 2005/2419).

Parliamentary approval has been provided for the draft Codes of Practice. Thus, it is intended that both Codes of Practice, and associated sections of the Act, will be brought into effect together.

Minimum wage

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2005 (SI 2005/2019) also come into force on 1 October 2005. From that date, the principal rate of the National Minimum Wage rises from £4.85 to £5.05 per hour.

The development rate for workers aged 18-21 rises from £4.10 to £4.25 per hour (the development rate can also apply to workers aged 22 and above who are in their first six months in a new job, and who are receiving accredited training).

The hourly rate for workers under 18 who have ceased to be of compulsory school age (that is to say 16 or 17-year-olds) remains unchanged, at £3 per hour.

The accommodation amount applicable where an employer provides a worker with accommodation, rises from £3.75 to £3.90 for each day the accommodation is provided.

Tribunal claims

The use of prescribed employment tribunal claim forms and responses will be compulsory from 1 October 2005. Readers are reminded that, from that date, employment tribunals will only accept claims, or responses to claims, that are in the form prescribed by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861).

Use of the prescribed forms was intended to become compulsory on 6 April 2005 but was delayed until 1 October by virtue of the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Rules 2005 (SI 2005/435) to allow the tribunals time to make improvements to the electronic versions of the forms¹. Claims may be filed by hand, by post or online.

Sex discrimination

The Employment Equality (Sex Discrimination) Regulations 2005 are also expected to come into force on 1 October 2005, although they are currently only available in draft form. They make changes to existing sex discrimination law to ensure compliance with the European Employment Framework Directive (2000/78/EC) and alter the rules for equal pay claims.

The changes will only apply to sex discrimination proceedings that are issued on or after 1 October 2005.

¹Available at: www.employmenttribunals.gov.uk.