Key employment law changes to take effect from 01 April 2009
In addition to the repeal of the statutory dispute resolution procedures and the introduction of the new Acas code, April sees the first tranche of new legislation for 2009. Changes include:
1. Increase in statutory holiday entitlement
Statutory annual leave will be increased from 1 April 2009 to 5.6 weeks per annum. This is equivalent to 28 days holiday (including bank holidays) for employees who work a 5 day week. If this change affects your employees it is not necessary to consult about the changes or to update existing employee contracts of employment. However, employees should be told in writing of their increased holiday entitlement.
2. Right to request flexible working to be extended
Currently only parents with a child aged 6 (or 18 if the child is disabled) and carers of adults have a statutory right to make a request for flexible working. Employers are under a duty to consider such requests and may only reject then for one or more of the business reasons provided in the legislation. Despite speculation of a delay to the Government's planned extension to the right to request flexible working to carers of older children the Government has now confirmed that the right will be extended to parents of children under 17 years of age from 6 April 2009. Employers should therefore ensure that their flexible working policies are updated to reflect this change.
3. Increases to statutory sick pay and maternity, paternity and adoption pay
The weekly rate of SSP will be increased to £79.15 (from £75.40) and the weekly rate of SMP, SAP and SPP will be increased to £123.06 (from £117.18).
4. Changes affecting employment agencies
The Employment Agency Standards Inspectorate which carries out reviews and inspections of employment agencies will be given additional inspection powers from 6 April 2009.
5. Employment tribunal procedures streamlined
New procedures will apply to applications for extensions of time, issuing and reviewing default judgments and dismissing claims on withdrawal of proceedings in the employment tribunal. From 6 April claims in relation to payment of leave entitlement will be able to be heard by an employment judge sitting alone.
If you would like help or advice on any employment issue please
contact Tony McPhillips, call 0191 211 7908 or email advice@muckle-llp.com.
