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Portable DBS checks introduced


Once a Disclosure and Barring Service (previously Criminal Records Bureau) check has been conducted, the results will be available online to enable employers to confirm that no new information has been added since the check was originally made. This means that an employee will not have to obtain a new check each time he or she starts a new job.

Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013 comes into force


The order amends the definition of "relevant matter" in the Police Act 1997, which sets out what the Disclosure and Barring Service should disclose in response to an application for a criminal records certificate or an enhanced criminal records certificate. The order is made following the Court of Appeal judgment in R (on the application of T) v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25 CA. The order can be viewed on the UK legislation website.

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 comes into force


The order changes the range of spent convictions and cautions covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023), so that some spent convictions and cautions do not have to be disclosed by candidates for a role and may not be taken into account by employers when making recruitment decisions. The order is made following the Court of Appeal judgment in R (on the application of T) v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25 CA. The order can be viewed on the UK legislation website.

Directive on protection of healthcare workers implemented


The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 (SI 2013/645) (on the UK legislation website) implement the increased protection to healthcare workers prescribed by the Directive on the prevention from sharp injuries in the hospital and healthcare sector (2010/32/EU).

Share buy-back scheme simplified


The Companies Act 2006 amends the process that enables companies to buy back shares from employees leaving the company. Changes include allowing off-market share buybacks to be authorised by ordinary resolution and private limited companies to pay for their own shares in instalments. The Companies Act 2006 (Amendment of Part 18) Regulations 2013 (SI 2013/999) can be viewed on the UK legislation website.

Basic state pension increases


The basic state pension increases from £107.45 to £110.15 per week. The Social Security Benefits Up-rating Order 2013 (SI 2013/574), which increases the rate, can be viewed on the UK legislation website.

Statutory maternity, paternity and adoption pay increase


The rate of statutory maternity pay, ordinary and additional statutory paternity pay and statutory adoption pay increases from £135.45 to £136.78 per week. The Social Security Benefits Up-rating Order 2013 (SI 2013/574), which increases the rate, can be viewed on the UK legislation website.

Real time information introduced


Employers are required to report PAYE deductions to HM Revenue and Customs (HMRC) prior to, or at the time of, paying employees rather than at the end of the year, under the new real time information scheme. Until 5 October 2013, employers with fewer than 50 employees can send information to HMRC by the date of their regular payroll run, but no later than the end of the tax month. Employers with 5,000 or more employees will agree start dates with HMRC beginning June 2013. An explanation of the changes can be viewed on the HMRC website.

Statutory sick pay increases


The standard rate of statutory sick pay increases from £85.85 to £86.70 per week. The Social Security Benefits Up-rating Order 2013 (SI 2013/574), which increases the rate, can be viewed on the UK legislation website.

Collective redundancy consultation period reduces to 45 days


The minimum period for collective redundancy consultation where an employer is proposing to dismiss as redundant 100 or more employees, under s.188(1A) of the Trade Union and Labour Relations (Consolidation) Act 1992, is reduced from 90 days to 45 days. Acas introduces a non-statutory code of practice to guide consultation. Also, fixed-term contracts that have reached their agreed termination date are excluded from the requirement to consult collectively. The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013, which makes the changes, can be viewed on the UK legislation website.

Pensions auto-enrolment earnings thresholds amended


The earnings thresholds for pensions auto-enrolment change on 6 April 2013: the lower level of qualifying earnings increases to £5,668; the earnings trigger for auto-enrolment increases to £9,440; and the upper level of qualifying earnings decreases to £41,450. The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2013 (SI 2013/667) can be viewed on the UK legislation website.

Changes to income tax thresholds and rates come into force


The income tax personal allowance increases from £8,105 to £9,440. The basic rate limit decreases from £34,370 to £32,010. The additional rate of income tax is reduced from 50% to 45%. These changes were announced in Budget 2012 (PDF format, 706K), which can be viewed on the HM Treasury website.

Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2013 come into force


The Regulations amend the lower earnings limit for primary Class 1 national insurance contributions to £109 and the upper earnings limit to £797. They also change the primary and secondary thresholds for primary and secondary Class 1 contributions. The Regulations can be viewed on the UK legislation website.

Income Tax (Exempt Amount for Childcare Vouchers and for Employer Contracted Childcare) Order 2013 comes into force


The order increases to £25 the maximum weekly amount that can be subject to tax relief for additional rate taxpayers where the employer provides childcare vouchers or directly contracted childcare. The order can be viewed on the UK legislation website.

Legal aid for majority of employment claims removed


The Legal Aid, Sentencing and Punishment of Offenders Act 2012 withdraws legal aid for most employment claims in England and Wales. Legal aid remains for some aspects of employment law, including advice and assistance in relation to claims under the Equality Act 2010 and representation in the Employment Appeal Tribunal for claims under the Equality Act 2010. The Act and the order that implements the relevant provisions under the Act can be viewed on the UK legislation website.

Parental leave increases from three to four months


The Parental Leave Directive (2010/18/EU) (PDF format, 743K) (on the Europa website) repeals and replaces the Parental Leave Directive (96/34/EC). The Parental Leave (EU Directive) Regulations 2013 (SI 2013/283) (on the UK legislation website) make the relevant changes to UK legislation, including increasing the permitted period of parental leave following the birth or adoption of a child from three to four months. The right to request flexible working is extended to agency workers returning from a period of parental leave.

Motor Vehicles (Driving Licences) (Amendment) Regulations 2013 come into force


The Regulations amend the medical standards that apply to driver licence applications and licence holders in relation to eyesight and epilepsy. They implement the changes made by the Medical Directive (2009/113/EC). The Regulations can be viewed on the UK legislation website.

New tribunal award limits come into force


The Employment Rights (Increase of Limits) Order 2012 (SI 2012/3007) increases the limits applying to certain employment tribunal awards and other amounts payable under employment legislation, including the maximum amount of a week’s pay for the purpose of calculating a redundancy payment or the basic award of compensation for unfair dismissal. The order applies where the event that gives rise to the entitlement to the payment occurs on or after 1 February 2013. The order can be viewed on the UK legislation website.

Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England and Wales) Order 2012 comes into force


The order amends the National Minimum Wage Regulations 1999 (SI 1999/584), so that persons working under an apprenticeship agreement under s.32 of the Apprenticeships, Skills, Children and Learning Act 2009 are entitled to the national minimum wage rate for apprentices. It also disapplies the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2001/2034) in relation to apprenticeship agreements. The order can be viewed on the UK legislation website.

Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 comes into force


The order transfers the functions of the Independent Safeguarding Authority to the Disclosure and Barring Service. It also transfers to the Disclosure and Barring Service the functions that are exercised by the Criminal Records Bureau under part 5 of the Police Act 1997. The order (PDF format, 116K) can be viewed on the UK legislation website.

Staging for pensions auto-enrolment begins


The Pensions Act 2008 and the Pensions Act 2011 require employers to auto-enrol eligible jobholders not already participating in a workplace pension scheme into a qualifying pension scheme or the National Employment Savings Trust. The duty to auto-enrol is implemented in stages: the employer's staging date is dependent on its PAYE scheme size and reference. Employers may postpone enrolment for three months, although employees will be able to opt in during the postponement period. The staging timetable is available on the DWP website, and the Pensions Act 2008 and the Pensions Act 2011 can be viewed on the UK legislation website.

Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2010 comes into force


The Order adds a disclosure relating to the Pensions Regulator’s objective of maximising compliance with the duties under part 1, chapter 1 of the Pensions Act 2008, to the list of qualifying disclosures a worker has the right to make, without suffering a detriment. The disclosure should be made to the Pensions Regulator. The Order can be viewed on the UK legislation website.

National minimum wage increases to £6.19 per hour


The main rate of the national minimum wage rises from £6.08 to £6.19 per hour. The youth rate and the rate for workers aged 16 to 17 stay the same. The apprentice rate increases from £2.60 to £2.65 per hour, and the accommodation offset increases from £4.73 to £4.82 per day.  The National Minimum Wage (Amendment) Regulations 2012 (SI 2012/2397) can be viewed on the UK legislation website.

HSE costs-recovery scheme introduced


The Health and Safety Executive introduces a costs-recovery scheme, Fee for Intervention, which will enable it to recover the costs incurred in taking action to rectify a breach of health and safety law. The Health and Safety (Fees) Regulations 2012 (SI 2012/1652), which introduce the scheme, can be viewed on the UK legislation website.

Smoke-free (Signs) Regulations 2012 come into force


The Regulations revoke the Smoke-free (Signs) Regulations 2007 (SI 2007/923), replacing the requirements relating to the display of no-smoking signs in smoke-free vehicles and buildings with a less prescriptive requirement to display smoke-free signs. The Regulations can be viewed on the UK legislation website.

Employers’ Duties (Implementation) (Amendment) Regulations 2012 come into force


The Regulations amend the staging dates set out in the Employers’ Duties (Implementation) Regulations 2010 (SI 2010/4). They modify the date on which the pensions auto-enrolment duties apply to employers with fewer than 50 workers. The Regulations can be viewed on the UK legislation website.

Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations 2012 come into force


The Regulations amend the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655) pursuant to the introduction of pensions auto-enrolment. They amend the requirement to provide basic scheme information to the prospective members or new members of a pension scheme. The Regulations can be viewed on the UK legislation website.

Scaled back vetting and barring scheme introduced


A scaled back vetting and barring scheme for individuals working with children and vulnerable adults is introduced. The Protection of Freedoms Act 2012 amends the Safeguarding Vulnerable Groups Act 2006, including by repealing the concept of "controlled activity" and the provisions for monitoring persons engaged in a regulated activity. It maintains a barring scheme but redefines the activities to which the scheme applies. It also makes changes relating to criminal records certificates. The Protection of Freedoms Act 2012 and the Safeguarding Vulnerable Groups Act 2006 can be viewed on the UK legislation website. Changes to disclosure and barring: what you need to know (PDF format, 215K) is available on the Home Office website.

Sunday trading laws relaxed


Sunday trading laws are relaxed until 9 September 2012 for the Olympic and Paralympic Games. The Sunday Trading (London Olympic Games and Paralympic Games) Act 2012 can be viewed on the UK legislation website.

Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2012 come into force


The draft Regulations amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (SI 2010/772). Amendments include changing the implementation date of the Regulations to 1 July 2012 and giving details of the certification test that an employer may use to ensure that its defined-contribution scheme meets the quality requirements for such schemes. The draft Regulations can be viewed on the UK legislation website.

Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 come into force


The Regulations (as amended by the Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (SI 2012/215) and the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2012) (SI 2012/1257) set out the practical arrangements that employers must make for an individual to become an active member of a qualifying scheme, including the time limits for achieving active membership. The Regulations set out the arrangements for postponing automatic enrolment for up to three months and the process for an individual to opt out of pension saving. The Regulations can be viewed on the UK legislation website.

Employers’ Duties (Registration and Compliance) Regulations 2010 come into force


The Regulations (as amended by the Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (SI 2012/215)) set out the detail that employers must provide to the Pensions Regulator, and the records that employers must keep, including what action they have taken to meet their duties. The Regulations provide enforcement details, including the rate of interest that may apply where the correct contributions have not been paid and the penalties that may apply where employers have failed to meet requirements. The Regulations can be viewed on the UK legislation website.

Compromise Agreements (Automatic Enrolment) (Description of Person) Order 2012 comes into force


The Order prescribes that, for the purpose of s.58(5)(c) of the Pensions Act 2008, a legal executive is a relevant independent adviser able to give advice in relation to compromise agreements under the Act. The Order can be viewed on the UK legislation website.

Pensions Act 2008 (Commencement No.13) Order 2012 and Pensions Act 2011 (Commencement No.3) Order 2012 come into force


The commencement orders implement various sections of the Pensions Act 2008 and the Pensions Act 2011, to give effect to the introduction of pensions auto-enrolment. The duty to auto-enrol eligible jobholders into a qualifying workplace pension scheme applies in stages, starting with the largest employers from 1 October 2012, although employers have the option of bringing their staging date forward to 1 July 2012. The safeguarding provisions requiring employers to protect individuals from unfair treatment in relation to pensions auto-enrolment apply from 30 June 2012. The Pensions Act 2008 (Commencement No.13) Order 2012 (PDF format, 55K) and the Pensions Act 2011 (Commencement No.3) Order 2012 (PDF format, 46K) can be viewed on the UK legislation website.

Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012 comes into force


The Order prescribes that the level of earnings for 2012/13 that triggers the requirement to auto-enrol eligible jobholders into a qualifying workplace pension scheme is aligned with the income tax personal allowance for 2012/13. It also aligns the lower earnings level and upper earnings limit for qualifying earnings with the lower earnings level and upper earnings limit for national insurance contributions. Auto-enrolment comes into force on 1 October 2012. The Order can be viewed on the UK legislation website.

Employers’ Duties (Implementation) Regulations 2010 come into force


The Regulations (as amended by the Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (SI 2012/215)) set out the details of how employers' duties under the Pensions Act 2008 and the Pensions Act 2011, which require employers to auto-enrol staff into a qualifying pension scheme and pay a minimum contribution, will be staged in over time. The Regulations can be viewed on the UK legislation website.

Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 come into force


The Regulations amend various Regulations on automatic enrolment. Amendments include changing the implementation date of the Employers’ Duties (Implementation) Regulations 2010 (SI 2010/4) and the Employers’ Duties (Registration and Compliance) Regulations 2010 (SI 2010/5), and giving larger employers the flexibility to bring their staging date forward to 1 July 2012. The Regulations can be viewed on the UK legislation website.

Basic state pension increases


The basic state pension increases from £102.15 to £107.45 per week. The increase is set out in the Social Security Benefits Up-rating Order 2012 (SI 2012/780) (on the UK legislation website).

Changes to income tax thresholds come into force


The income tax personal allowance increases by £630, bringing it to £8,105. The threshold at which employees pay the higher income tax rate of 40% is reduced to £34,371 (from £35,001). Official tables of the 2012/13 tax rates (PDF format, 56K) can be viewed on the HM Treasury website.

Contracting out of additional state pension on a defined-contribution basis abolished


The Pensions Act 2007 and the Pensions Act 2008 abolish contracting out of the additional state pension on a defined-contribution basis for occupational pension schemes and for personal and stakeholder pension schemes, and the rules governing contracted-out rights in schemes.

Qualifying period for unfair dismissal increases to two years


The qualifying period for employees to bring a claim of unfair dismissal increases from one year to two years. The increase will apply only to employees who start a new job on or after 6 April 2012. The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 (SI 2012/989), which also increases from one year to two years the qualifying period for the right to receive, on request, a written statement of reasons for dismissal, can be viewed on the UK legislation website.

Changes to tribunal procedure come into force


The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012 (SI 2012/468) (on the UK legislation website) make changes to employment tribunal procedure:

  • The maximum amount of a deposit order, which a tribunal can order a party to pay as a condition to continuing with tribunal proceedings, increases from £500 to £1,000.
  • The maximum amount of a costs order, which a tribunal may award in favour of a legally represented party, increases from £10,000 to £20,000.
  • Witness statements cease to be read aloud and are instead taken "as read", unless the tribunal directs otherwise.
  • Tribunals have the power to direct that the parties to a dispute are responsible for paying witnesses' expenses and that the party who loses the case should reimburse the successful party for any such costs already paid out.

The Employment Tribunals Act 1996 (Tribunal Composition) Order 2012 (SI 2012/988) (on the UK legislation website) prescribes that employment judges will hear unfair dismissal cases alone in the employment tribunal, unless they direct otherwise.

Increase to lower earnings limit for national insurance contributions comes into force


The lower earnings limit for primary Class 1 national insurance contributions increases from £102 to £107. The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2012 (SI 2012/804) can be viewed on the UK legislation website. The Social Security (Contributions) (Re-rating) Order 2012 (SI 2012/807), which increases the rates of Class 2 and Class 3 contributions, can also be viewed on the UK legislation website.

Statutory sick pay increases


The standard rate of statutory sick pay increases from £81.60 to £85.85 per week. The increase is set out in the Social Security Benefits Up-rating Order 2012 (SI 2012/780) (on the UK legislation website).

Changes to health and safety reporting requirements come into force


The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 1995/3163) are amended so that the required period of incapacity following an injury caused by an accident at work, which triggers the employer's requirement to report the accident to the enforcing authority, increases from more than three days to more than seven days. The deadline by which the employer must report the accident increases from 10 days to 15 days. The Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 2012 (SI 2012/199), which bring the changes into force, can be viewed on the UK legislation website.

Amendment to s.147 of the Equality Act 2010 comes into force


Section 147 of the Equality Act 2010, which sets out the conditions for a valid compromise agreement, is amended to address concerns about the drafting of this section and the validity of compromise agreements made under it. The Equality Act 2010 (Amendment) Order 2012 (SI 2012/334), which makes the amendment, can be viewed on the UK legislation website.

Control of Asbestos Regulations 2012 come into force


The Regulations revoke and replace the Control of Asbestos Regulations 2006 (SI 2006/2739), consolidating the legislation on asbestos control with some modifications. The main changes relate to the scope of the exemption set out in the EU directive on the protection of workers from the risks related to exposure to asbestos at work (2009/148/EC). The changes require employers carrying out some types of low-risk short-duration work to: notify the work to the relevant enforcing authority; carry out worker medical examinations; and maintain a register for each worker of the type and duration of work done with asbestos. The Regulations can be viewed on the UK legislation website.

Statutory maternity, paternity and adoption pay increase


The standard rate of statutory maternity, paternity and adoption pay increases from £128.73 to £135.45 per week. The Social Security Benefits Up-rating Order 2012, which sets out the increase, can be viewed on the UK legislation website.

New award limits come into force


The Employment Rights (Increase of Limits) Order 2011 (SI 2011/3006) increases the limits on certain employment tribunal awards and other amounts payable under employment legislation. The maximum unfair dismissal compensatory award rises from £68,400 to £72,300 and the maximum amount of a week's pay for the purpose of calculating a statutory redundancy payment and the basic and additional awards for unfair dismissal increases from £400 to £430. The rise in the limits applies where the event that gives rise to the award or payment occurs on or after 1 February 2012. The Order can be viewed on the UK legislation website.

Localism Act 2011 comes into force


The Localism Act 2011 prescribes that local authorities must prepare a pay policy statement for the financial year 2012/13 and subsequent financial years. The pay policy statement should set out the authority's policies relating to the remuneration of its chief officers, the remuneration of its lowest-paid employees, and the relationship between the remuneration of its chief officers and the remuneration of its employees who are not chief officers. The Act can be viewed on the UK legislation website.

Changes to VAT on salary-sacrifice arrangements come into force


For salary-sacrifice agreements made on or after 28 July 2011, output tax is due on the amount of the employee's salary waived in return for taxable benefits. For salary-sacrifice agreements made before 28 July 2011 and continuing after 31 December 2011, output tax is due only on the occurrence of a specified event. Further guidance is available in Revenue & Customs Briefs 28/11 and 36/11 (on the HMRC website).

Equal treatment for agency workers


The Agency Workers Regulations 2010 (SI 2010/93) (on the UK legislation website) give agency workers the same basic employment conditions after 12 weeks in a given job as if they had been employed directly by the end-user, including pay, holiday, rest periods and rest breaks. From day one of an assignment, agency workers should have the same access to facilities and information about job vacancies as the hirer's employees. The Regulations implement the Temporary Agency Workers Directive (2008/104/EC). The Regulations are amended by the Agency Workers (Amendment) Regulations 2011 (SI 2011 1941) (on the UK legislation website).

National minimum wage increases to £6.08 per hour


The main rate of the national minimum wage rises from £5.93 to £6.08 per hour. The development rate increases from £4.92 to £4.98 per hour, the rate for workers aged 16 to 17 from £3.64 to £3.68 per hour, and the apprentice rate from £2.50 to £2.60 per hour. The National Minimum Wage (Amendment) Regulations 2011 can be viewed on the UK legislation website.

Specific duties to support the general equality duty come into force in England


The Equality Act 2010 creates a single public sector equality duty, and enables specific duties to be created to help public bodies meet their requirements under the general duty. The Government published draft Regulations on the specific duties in January 2011. In March 2011 the Government published revised Regulations to reduce the burden on public bodies. Under the revised Regulations, most public authorities are required to publish information to demonstrate compliance with the general duty no later than 31 January 2012, and public authorities are required to publish their equality objectives no later than 6 April 2012. The Equality Act 2010 (Specific Duties) Regulations 2011 (PDF format, 30K) can be viewed on the UK legislation website.

Bribery offences introduced


The Bribery Act 2010 aims to promote anti-bribery practices among businesses, by modernising the law on bribery. The Act introduces a corporate offence of failure to prevent bribery by persons working on behalf of a business. The business has a defence if it has adequate procedures in place to prevent bribery. The penalty is an unlimited fine. For individuals, it will be a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe. The legislation raises the maximum penalty for bribery by individuals from seven to 10 years’ imprisonment. Read the legislation on the UK legislation website:

EU blue-card Directive must be implemented


The Directive defines conditions of entry and residence for more than three months of people who are not EU citizens and apply to be admitted to the EU for the purpose of high-qualified employment. Such people will be issued with an "EU blue card". The UK has opted out of the Directive. The Directive (PDF format, 796K) can be viewed on the European Union website.

Transnational Information and Consultation of Employees (Amendment) Regulations 2010 come into force


The Regulations implement the recast European Works Council Directive (2009/38/EC). The Regulations provide new rights to European Works Council members and those of special negotiating bodies, for example establishing a right to time off to undergo training to help them undertake their duties. The Regulations can be viewed on the OPSI website.

Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011 comes into force


The Order brings into force guidance, issued by the Office for Disability Issues, on matters to be taken into account in determining questions relating to the definition of disability. It replaces previous guidance issued in 2006. It provides guidance for employers when considering whether or not a person has a disability under the Equality Act 2010. The Order (PDF format, 48K) can be viewed on the UK legislation website.

Increase in basic state pension


The basic state pension increases from £97.65 to £102.15 per week, in accordance with the rise in the retail prices index for the 12 months to September 2010. The Social Security Benefits Up-rating Order 2011, which sets out the increase, can be viewed on the UK legislation website.

Social Security (Contributions) (Amendment No.2) Regulations 2011 come into force


The Regulations amend the lower and upper earnings limits for primary class 1 national insurance contributions and the primary and secondary thresholds for primary and secondary class 1 national insurance contributions. The Regulations can be viewed on the UK legislation website.

Increase in national insurance thresholds and contributions for employers


Employers' national insurance thresholds increase by £21 per week above indexation. Employers' national insurance contributions increase by 1%. The Coalition: our programme for government (PDF format, 475K) (on the Cabinet Office website) sets outs the Government's five-year plan.

Right to make a request in relation to study and training not extended


The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.2 and Transitional and Saving Provisions) Order 2010 (Amendment) Order 2011 (SI 2011/882) prescribes that the statutory right to make a request in relation to study and training will not be brought into force for employees in businesses with fewer than 250 employees. It amends the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.2 and Transitional and Saving Provisions) Order 2010 (SI 2010/303). The Order can be viewed on the UK legislation website.

Default retirement age abolished


Employers are prohibited from issuing new notifications of retirement using the default retirement age and the statutory retirement procedure is abolished. Employers that wish to prescribe a compulsory retirement age may do so only if it is a proportionate means of achieving a legitimate aim. A transitional period applies to notifications of retirement issued on or before 5 April 2011 where the employee reaches the age of 65 on or before 30 September 2011. Employers may no longer prohibit job applicants from applying for a job if they are aged 65 or over, or are within six months of the age of 65. However, employers may limit access to group-risk insured benefits to people aged under 65. Read the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (PDF format, 57K) on the UK legislation website.

Statutory sick pay increase


The standard rate of statutory sick pay increases from £79.15 to £81.60 per week. The Social Security Benefits Up-rating Order 2011, which prescribes the increase, can be viewed on the UK legislation website.

Annual limit on economic migration to the UK comes into force


The number of people permitted to enter the UK from outside the EU is limited to 20,700 per annum under the skilled worker route (except for those earning a salary of more than £150,000 or in-country applications from those in the UK), and 1,000 per annum under the new exceptional talent route. Employers will be required to apply for a certificate of sponsorship for a specific post if they wish to bring someone to the UK. Tier 2 (general) is open only to migrants performing jobs at graduate level and tier 1 is restricted to all but entrepreneurs, investors and the exceptionally talented. The minimum salary for individuals who wish to enter the UK under the intra-company transfer route for more than 12 months is £40,000 but there is no limit on the number of migrants in this category. Read the Government's announcement on the changes on the UK Border Agency website.

Positive action provisions of the Equality Act come into force


Section 159 of the Equality Act 2010, which permits employers to treat individuals with a protected characteristic more favourably than others in connection with recruitment or promotion, comes into force. This applies only to candidates of equal merit and the more favourable treatment must enable or encourage an individual to overcome or minimise a disadvantage or participate in an activity where he or she is under-represented in that activity. Read the Equality Act 2010 and commencement order on the UK legislation website.

Codes of practice on Equality Act 2010 come into force


The Equality Act 2010 Codes of Practice (Services, Public Functions and Associations, Employment, and Equal Pay) Order 2011 (SI 2011/857) brings into force the codes of practice on employment, equal pay and public functions and associations, which aim to help employers comply with their obligations under the Equality Act 2010. The Order can be viewed on the UK legislation website.

Single equality duty introduced


Section 149 of the Equality Act 2010 (on the UK legislation website) replaces the current public sector duties to promote equality with a single equality duty that is extended to other protected characteristics. The single equality duty obliges public authorities to eliminate discrimination, advance equality of opportunity and foster good relations between different groups.

Statutory maternity, paternity and adoption pay increase


The standard rate of statutory maternity, paternity and adoption pay increases from £124.88 to £128.73. The Social Security Benefits Up-rating Order 2011, which prescribes the increase in the amounts, can be viewed on the UK legislation website.

Additional paternity leave and pay comes into force


Employees who are fathers, or spouses or partners of mothers, and employees who have been matched for adoption and are spouses or partners of the person taking adoption leave are entitled to take additional paternity leave of up to 26 weeks in the first year of their child’s life or the first year after the child’s placement for adoption, and may be entitled to additional paternity pay. Additional paternity leave has effect in relation to children whose expected week of birth is on or after 3 April 2011, or who are matched for adoption with a person who is notified of the match or on after 3 April 2011.

New tribunal award limits come into force


The Employment Rights (Increase of Limits) Order 2010 (SI 2010/2926) increases the limits of certain employment tribunal awards and other amounts payable under employment legislation. The maximum unfair dismissal compensatory award rises from £65,300 to £68,400 and the maximum amount of a week's pay for the purpose of calculating a statutory redundancy payment and the basic and additional awards for unfair dismissal increases from £380 to £400. The rise in the limits applies where the event that gives rise to the award or payment occurs on or after 1 February 2011. The Order can be viewed on the UK legislation website.

National Minimum Wage (Amendment) (No.2) Regulations 2010 come into force


The Regulations provide that expenses for travel to a temporary workplace and related subsistence costs can no longer form part of employees' pay for national minimum wage purposes. The Regulations can be viewed on the UK legislation website.

Single Equality Act introduced


The Equality Act 2010 consolidates existing equality law into a single piece of legislation and introduces a number of reforms. It defines direct discrimination as less favourable treatment because of a protected characteristic. This widens the scope for associative discrimination and discrimination based on a perceived protected characteristic. The Act prohibits employers from asking questions about health before offering a candidate a post. It widens the scope of harassment, by extending third party harassment to all the relevant protected characteristics. The Equality Act 2010 can be viewed on the OPSI website.

Increase of national minimum wage to £5.93 per hour


The main rate of the national minimum wage rises from £5.80 per hour to £5.93 per hour and the development rate from £4.83 per hour to £4.92 per hour. The rate for workers aged 16 to 17 years increases from £3.57 to £3.64 per hour. The main rate will apply to 21-year-old workers. An apprentice rate of £2.50 per hour will apply to apprentices who are under 19 or those who are aged 19 and over but in the first year of their apprenticeship. The per day value of the accommodation offset increases from £4.51 to £4.61. The Regulations can be viewed on the OPSI website.

Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010 come into force


The Regulations amend rules regarding upfront fees for the entertainment industry. They prohibit employment agencies from taking upfront fees from photographic and fashion models. They extend the cooling off-period for upfront fees for certain occupations. They remove a number of administrative steps that employment agencies are required to take, including: carrying out identity checks for job-seekers (other than those who will be working with vulnerable people); obtaining agreement to terms when they introduce job-seekers for permanent employment (except when they charge a fee for a work-finding service); and agreeing terms with the permanent employer. Advertisements for jobs no longer need to include a statement as to whether or not the organisation is acting as an employment agency or employment business but they must state whether a position is temporary or permanent. The Regulations can be viewed on the OPSI website.

New businesses exempt from national insurance contributions


For three years employers that set up a new business outside London, the South-East and the Eastern region are exempt from up to £5,000 of employer national insurance contributions for the first 10 employees during the first 12 months of employment.

Temporary immigration cap comes into force


The number of people permitted to enter the UK from outside the EU until April 2011 is limited. This is an interim measure pending a long-term cap in April 2011. It includes a cap on the number of Tier 1 workers, raising the number of points required by highly-skilled workers from 95 to 100, and limiting the number of certificates of sponsorship that licensed employers can issue to those who wish to fill skilled job vacancies. More information can be obtained from the UK Border Agency website.

Statutory rates increase


The Social Security Benefits Up-rating Order 2010 increases a number of statutory rates, including the care and mobility components of disability living allowance and the weekly rate of the basic pension. The Order can be viewed on the OPSI website.

Additional paternity leave for fathers


The Additional Paternity Leave Regulations 2010 entitle employees who are fathers or partners of mothers or adopters, to take paternity leave of up to 26 weeks in the first year of their child’s life or the first year after the child’s placement for adoption, pursuant to the Work and Families Act 2006. The additional paternity leave has effect in relation to children whose expected week of birth is on or after 3 April 2011. A number of requirements must be satisfied, including that the mother or adopter has returned to work. The Regulations can be viewed on the OPSI website.

Number of years' contribution required to achieve a full basic state pension reduced


The number of years' contribution required to achieve a full basic state pension reduces to 30 years for both men and women. The Act can be viewed on the OPSI website.

Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 come into force


The Regulations change the format of the medical statement and the rules associated with its completion. Doctors will be able to indicate whether their patient is unfit for work or may be able to work with appropriate support if available. The Regulations reduce the number of different medical statements available for doctors to issue. The Regulations can be viewed on the OPSI website.

Normal minimum pension age rises to 55


The minimum age at which people can start to receive pension payments from an occupational or personal pension scheme, rises from 50 to 55. There are exceptions, including where the scheme member has a protected pension age or severe health problems. The Finance Act 2004, which brings this change into force, can be viewed on the OPSI website.

Data Protection (Monetary Penalties) Order 2010 comes into force


The Order makes provision in relation to monetary penalty notices and notices of intent served on data controllers under ss.55A and 55B of the Data Protection Act 1998. It prescribes that the Information Commissioner must consider any written representations made by a data controller in relation to a notice of intent, when deciding whether or not to serve a monetary penalty notice. It also sets out a minimum 21-day period for making written representations about a notice of intent, and a minimum 28-day period after service of the monetary penalty notice within which the penalty must be paid. The Order provides that the Information Commissioner may not serve a monetary penalty notice more than six months after the service of a notice of intent. The Order can be viewed on the OPSI website.

Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 come into force


The Regulations provide that the maximum monetary penalty that the Information Commissioner may impose on a data controller under s.55A of the Data Protection Act 1998 is £500,000. The Regulations also set out the information that the Information Commissioner must include when serving a notice of intent to impose a monetary penalty and that must be set out in a monetary penalty notice. The Regulations can be viewed on the OPSI website.

Additional paternity pay for fathers


The Additional Statutory Paternity Pay (General) Regulations 2010 introduce an entitlement for employees who are fathers or who are the partners of mothers or adopters, to receive additional statutory paternity pay, pursuant to the Work and Families Act 2006. The Regulations set out a number of eligibility requirements, including conditions regarding employment before the expected week of childbirth. The Regulations can be viewed on the OPSI website.

Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 come into force


The Regulations set out the weekly rates for additional statutory paternity pay introduced under the Work and Families Act 2006. The weekly rate of payment of additional statutory paternity pay is the lesser of £124.88 and 90% of the employee’s normal weekly earnings. The Regulations can be viewed on the OPSI website.

Damages-based agreements in employment matters come into force


Damages-based agreements that relate to employment disputes must satisfy a number of conditions, including that they are in writing and do not provide for a payment above a prescribed amount. These agreements enable advocacy and litigation services to be provided where the recipient of those services is only obliged to make a payment for those services if the case is successful. The payment is calculated by reference to the damages awarded. The Coroners and Justice Act 2009 introduces this provision and the draft Regulations which bring this provision into force, can be viewed on the OPSI website.

Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 come into force


The Regulations provide that the Tribunal Service may forward a claim, or extracts from it, to a prescribed regulator where the claimant alleges that he or she has suffered a detriment or been dismissed for making a protected disclosure. The Regulations can be viewed on the OPSI website.

Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010 come into force


A statutory right to make a request in relation to study or training is introduced for employees in organisations with 250 or more employees. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. The Regulations prescribe that the maximum amount of compensation that may be awarded where an employer does not comply with the procedural requirements in respect of a request, or refuses an application on impermissible grounds, is eight weeks' pay. The Regulations also set out requirements for the employee's application in relation to study or training. The Regulations can be viewed on the OPSI website.

Social Security (Contributions) (Amendment) Regulations 2010 come into force


The Regulations prescribe that the lower earnings limit for primary Class 1 national insurance contributions increases from £95 to £97. All other national insurance contributions rates, limits and thresholds remain unchanged. The Regulations can be viewed on the OPSI website.

Employee Study and Training (Procedural Requirements) Regulations 2010 come into force


A statutory right to make a request in relation to study or training is introduced for employees in organisations with 250 or more employees. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. The Regulations set out the procedure to be followed when an employee has made an application in relation to study or training, including that the employer must hold a meeting to discuss the request or agree the application within 28 days of receipt, that the employee has the right to be accompanied at the meeting and how the employer must notify the employee of the decision on the application. The Regulations can be viewed on the OPSI website.

Employee Study and Training (Qualifying Period of Employment) Regulations 2010 come into force


A statutory right to make a request in relation to study or training is introduced for employees in organisations with 250 or more employees. Employers will be obliged to consider seriously requests that they receive, but will be able to refuse a request where there is a good business reason for doing so. The Regulations prescribe that employees must have 26 weeks' continuous employment to be entitled to make an application in relation to study or training under s.63D of the Employment Rights Act 1996. The Regulations can be viewed on the OPSI website.

Increase to statutory maternity and statutory paternity pay


The Social Security Benefits Up-rating Order 2010 provides for certain social security benefits to be increased, including the weekly rate of statutory maternity pay, statutory paternity pay and statutory adoption pay. The Order can be viewed on the OPSI website.

Blacklisting for union membership or activities is prohibited


The blacklisting of workers from employment as a result of their union membership or activities is prevented. The Regulations give rights to persons to complain to the employment tribunal in certain circumstances, including where they have been refused employment, subjected to a detriment, or unfairly dismissed for a reason relating to a blacklist. Where a complaint is being pursued before an employment tribunal, that person may apply to the court for damages and for an order restraining or preventing the compilation, use, sale or supply of the blacklist in question. The Regulations be viewed on the OPSI website.

Decrease of maximum unfair dismissal compensatory award


A number of limits applying to tribunal awards and other amounts payable under employment legislation decrease, including the limit on the compensatory award for unfair dismissal, which decreases from £66,200 to £65,300. The new limits will be applicable where the event that gives rise to the award or payment occurs on or after 1 February 2010. The Order bringing the changes into force can be viewed on the OPSI website.

Revised code of practice on time off for trade union duties comes into force


Acas has issued a revised "Code of practice on time off for trade union duties and activities". It gives practical guidance on how the statutory provisions on time off for trade union duties and activities should work. The revised code of practice is available on the Acas website and the Order bringing the code of practice into force can be viewed on the OPSI website.

ID cards evidence of right to work in the UK


The Order adds ID cards to the list of documents set out in the schedule to the Immigration (Restrictions on Employment) Order 2007, so that employers can accept them as evidence of the right to work. This provides employers with an excuse from civil penalty should the individual not have a right to work in the UK. Employers must ensure that both sides of the card have been copied for retention purposes. The Order can be viewed on the OPSI website.

Formal Trade Union Negotiations


This one day Masterclass is dedicated to providing practical guidance you need to employ when negotiating with trade unions.

Masterclass highlights:

  • Best practice in running a negotiation; preparation, discussion, bargaining and concluding
  • Expert legal advice on the 'rules' and legal status of trade union negotiations
  • How to conduct a failure to agree meeting
  • Participate in a mock negotiation

The day will be led by Tom Hayes, Managing Partner, BEERG, Brussels European Employee Relations Group and run with the aid of Vince Toman, Barrister and Sean Dempsey, Solicitor, from Lewis Silkin LLP

Working Time (Amendment) (No.2) Regulations 2009 come into force


The Regulations add further categories to the list of doctors in training to whom the 52-hour maximum working week applies until 31 July 2011. The Working Time (Amendment) Regulations 2009 (SI 2009/1567) amended the Working Time Regulations 1998 (SI 1998/1833) to provide for the 52-hour working time limit until 31 July 2011, when the 48-hour limit will apply. The Regulations can be viewed on the OPSI website.

Centralised vetting system for people working with children and vulnerable adults comes into force


The Safeguarding Vulnerable Groups Act will introduce a centralised vetting system for people banned from working with children and vulnerable adults. Employers will be able to make checks online, with information updated straight away when any individual is added to the list.

Employers will be informed where possible if an individual becomes barred. There will be fines of up to £5,000 for employers that knowingly employ individuals on the list or fail to make the relevant checks. The Act can be viewed on the UK Parliament website.

Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 come into force


The Regulations amend the purposes for which an application for an enhanced criminal records certificate can be made, to enable certificates to be sought for individuals undertaking regulated activities relating to children or vulnerable adults under the Safeguarding Vulnerable Groups Act 2006. The Regulations also prescribe the circumstances in which those making an application may receive information on whether or not an individual is prohibited from working with children or vulnerable adults. The Regulations can be viewed on the OPSI website.

Employers prevented from including tips in minimum wage


National minimum wage legislation is amended to stop employers using tips to top up staff pay in order to meet the national minimum wage. Currently, employers can count service charges and gratuities processed through the payroll towards their obligation to pay the minimum wage.

Work and Families (Increase of Maximum Amount) Order 2009 comes into force


The Order increases the maximum weekly amount from £350 to £380 that can be used by employment tribunals to calculate awards such as unfair dismissal and redundancy payments and payments made by the Secretary of State out of the National Insurance Fund on an employer's insolvency. The Order also suspends the uplifting of this sum in February 2010. The Regulations can be viewed on the OPSI website.

National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 come into force


The Regulations increase the rate of the national minimum wage. The main rate rises from £5.73 per hour to £5.80 per hour and the development rate from £4.77 per hour to £4.83 per hour. The rate for workers aged 16 to 17 years increases from £3.53 to £3.57 per hour. The Regulations also specify new classes of persons who do not qualify for the national minimum wage and increase the day value of the accommodation amount that can be taken into account where an employer provides an employee with housing from £4.46 to £4.51.The Regulations can be viewed on the OPSI website.

Supreme Court Rules 2009 come into force


The Supreme Court Rules prescribe the practice and procedure that will apply in the Supreme Court of the United Kingdom. The Supreme Court will replace the Appellate Committee of the House of Lords and comes into operation on 1 October 2009. The Rules can be viewed on the OPSI website.

Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009 come into force


The Regulations amend the fee that must be paid by a data controller to register with the Information Commissioner. A data controller must be included on the register of data controllers maintained by the Information Commissioner in order to process personal data and pays a registation fee. The flat fee is being replaced by a two-tiered structure. The Regulations can be viewed on the OPSI website.

Weekly working time limits for doctors in training reduced to 48 hours


The Working Time (Amendment) Regulations 2003 amend the Working Time Regulations 1998 to provide for the 48-hour working time limit for doctors in training to be phased in over a period ending on 31 July 2009. After initially restricting weekly working time limits for doctors in training to 58 hours from 1 August 2004, then to 56 hours from 1 August 2007, the Regulations make a further reduction to 48. The Regulations can be viewed on the OPSI website.

Weekly working time limit for certain doctors in training increased to 52 hours


The Working Time (Amendment) Regulations 2009 amend the Working Time Regulations 1998 to provide for the 48-hour working time limit for doctors in training, which has been phased in over a period of time ending 31 July 2009, to be increased to 52 hours for certain doctors in training until 31 July 2011. The Regulations list those categories of doctors in training to whom the 52-hour working time limit applies. The Regulations can be viewed on the OPSI website.

 
© Reed Business Information 2013