Agenda 2008: Employment law key dates

Among this year's key employment law changes are the introduction of new illegal working fines in February, changes to sex discrimination legislation in April, and the coming into force of corporate manslaughter laws in April.

Legislation key dates 2008

Among this year’s key employment law changes are the introduction of new illegal working fines in February, changes to sex discrimination legislation in April, the coming into force of corporate manslaughter laws in April, and the launch of a centralised vetting system for people working with children and vulnerable adults in the autumn.

 

FEBRUARY

New tribunal award limits are expected to come into force
The limit on the compensatory award for unfair dismissal and the amount of a week’s pay for statutory redundancy pay purposes are among the rates expected to increase on 1 February 2008.


New illegal working fines are introduced
Employers are liable for fines of up to £10,000 for employing illegal workers and face prosecution under a new criminal offence of knowingly employing illegal workers from 29 February 2008.

 

APRIL

New legislation to protect agency workers
Regulations that aim to strengthen the rights of vulnerable agency workers come into force on 1 April 2008.


Changes to sex discrimination laws
Amendments to sex discrimination legislation, reflecting a High Court decision that changes to the Equal Treatment Directive were not properly implemented, are expected to come into force on 6 April 2008.


Offence of corporate manslaughter is introduced
The Corporate Manslaughter and Corporate Homicide Act 2007 creates an offence of corporate manslaughter that allows organisations to be prosecuted for management failures that lead to the deaths of employees and others from 6 April 2008.


Maternity, paternity and adoption pay are increased . . .
The standard rates of statutory maternity, paternity and adoption pay increase from £112.75 to £117.18 per week from 6 April 2008.


. . . and rate of statutory sick pay is increased
The standard rate of statutory sick pay increases from £72.55 to £75.40 per week on 6 April 2008.


Information and consultation obligations are extended . . .
Requirements giving employees the right to be informed and consulted about their employer's business are extended to cover undertakings with 50 or more employees from 6 April 2008.


. . . and duty to consult on changes to pensions is widened
Regulations requiring employers to consult with members before making major changes to pension schemes are extended to cover undertakings with 50 or more employees from 6 April 2008.

 

OCTOBER

National minimum wage may rise
The national minimum wage may rise on 1 October 2008, subject to the prevailing economic conditions and the Low Pay Commission's recommendations to be delivered to the Government in February 2008.

 

AUTUMN

Centralised vetting system for people working with children
The Safeguarding Vulnerable Groups Act 2006 introduces a centralised vetting system for people working with children and vulnerable adults in the autumn.

 

DATE NOT YET KNOWN

Trade union membership rules are amended
Changes to the rules on trade union membership take effect, in light of a European Court of Human Rights decision that a trade union could expel a member of the British National Party.


Statutory sick pay: agency workers oversight to be rectified
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are amended to fill a gap in the law that denies statutory sick pay to agency workers on fixed-term contracts of less than three months.

 

Consultations 2008

Consultations on health and safety for small employers, the Independent Safeguarding Authority Scheme and the Tribunals, Courts and Enforcement Act 2007 remain open in the first months of 2008. Consultations on flexible working and the Employment Bill are expected to open in 2008. The Government also intends to issue its response to the consultation on the Single Equality Act.

 

CONSULTATIONS STILL OPEN

Impact of health and safety laws on small employers
The Health and Safety Commission is asking for views on how health and safety legislation affects small employers and employers for whom the overall risk is relatively low. The closing date for responses is 31 January 2008.


Introducing the Independent Safeguarding Authority Scheme
The Department for Children, Schools and Families is consulting on the implementation of the Independent Safeguarding Authority Scheme under the Safeguarding Vulnerable Groups Act 2006. The closing date for responses is 20 February 2008.


Implementing the Tribunals, Courts and Enforcement Act 2007
The Ministry of Justice is consulting on plans to modernise the tribunal system, including employment tribunals, in England and Wales. The closing date for responses is 22 February 2008.

 

CONSULTATION RESPONSE DUE

Government response to Single Equality Act consultation
The Government is expected to issue its response to the consultation on the Single Equality Act, which is intended to provide a simpler, more consistent legal framework for preventing discrimination.

 

CONSULTATIONS EXPECTED TO OPEN

Extension of right to request flexible working
The Government has launched a review into how it can extend the right to request flexible working to parents of older children. The review reports back to the Government in spring 2008, followed by a formal consultation.


Further consultations on the Employment Bill
The Government is expected to consult on the changes being made by the Employment Bill, which include the repealing of the statutory dispute resolution procedures and the introduction of unlimited fines for national minimum wage breaches.