New Employment Legislation Autumn 05
Published in Bottomline, Autumn 2005
As with many other organisations advising on worker’s employment rights, GMLPU have had to wrestle with much of the new legislation that has come about last year. Notably, the new rules on discipline, dismissal and grievance have presented our advisors with new challenges. The next year ahead will not be any different as a new crop of statutes and regulations are set to focus our attentions elsewhere.
Here is an outline of the key details of the legislation set to be introduced in the next year or so:
Introduction of the Employment Equality (Age) Regulations 2006
The Government is currently consulting on the draft regulations in order to fine-tune the legislation, which will come into force in 2006. The legislation aims to ban unjustified age discrimination in recruitment, promotion and other employment terms, as well as vocational training. With regards to retirement, workers will no longer be required to retire before 65 unless their employer can justify setting a lower retirement age. Employers will however be able to dismiss workers on their 65th birthday citing retirement as the reason. This does not mean that workers will have to work until they are 65 as the state pension age will not be affected. The legislation provides rights to request working beyond retirement age. Unfortunately the legislation does not prohibit differentials in adult and youth wage rates including the age related differentials within the National Minimum Wage.
Disability Discrimination Act 2005
Disability Discrimination is another area set for a degree of change. A number of amendments will be made to the law later this year. One important change to note is a new definition of ‘disability’, which has been extended to include those diagnosed with HIV, multiple sclerosis and certain forms of cancers, so that they are protected by the legislation from the point of diagnosis.
Sex Discrimination Act
From October, the Sex Discrimination Act will have a new statutory definition of ‘harassment’, which is designed to bring UK law into line with the EC Equal Treatment Directive. Also note that the Civil Partnership Act 2004 is expected to come into force some time this year. Section 251 amends Section 3 of the Sex Discrimination Act, extending protection against discrimination to same sex couples who have formed a civil partnership.
Transfer of Undertakings Regulations (TUPE) revised regulations will come into force in October 2005.
Things you may have missed!
The following pieces of employment legislation came into force in April 2005.
Social Security benefits up rating raised statutory maternity, paternity and adoption pay from £102.80 to £106 per week. The standard rate of statutory sick pay was increased from £66.15 to £68.20 per week. The earnings threshold that workers need to attain before they qualify for the statutory benefits increased from £79 to £82 per week.
Road transport (Working Time) Regulations 2005 – the new rules will limit working time for transport workers to an average of 48 hours per week, set a maximum of 60 hours in any one week and oblige employers to keep working time records for two years.
Information and consultation of Employees Regulations 2004 – set out minimum rights for employees to be informed and consulted by their employers in respect of a number of workplace issues. Initially, they apply to businesses with more than 150 employees, but must be extended to all businesses with 100 or more employees by April 2007, and to all businesses with 50 or more employees by April 2008.
National Minimum Wage Regulations 1999 (Amendment) Regulations 2004 – Output workers i.e. those who are paid per piece of work produced, will be entitled to claim a more generous minimum wage based on the calculation of a ‘fair’ piece rate.
Gender Recognition Act 2004 – The Act will amend the Sex Discrimination Act 1975 to remove exceptions based on genuine occupational qualifications.
GMLPU have a busy time ahead up dating and producing new factsheets. For a full listing of our current factsheets please refer to our website. For those requiring employment rights advice, please contact us on our new telephone number 0161 839 3888
