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Employee-shareholdersCorporate governanceEmployment lawEquality, diversity and inclusionHealth and safety

Four employment law changes commencing 1 October 2013

by Eleanor Gelder 25 Sep 2013
by Eleanor Gelder 25 Sep 2013

Following a busy summer of employment law changes in June, July and September, there are further new measures coming into force on 1 October 2013. Personnel Today sets out four main areas of change that HR professionals need to know about and provides useful links to find out more.

1. Third-party harassment provisions in Equality Act repealed

From 1 October 2013, s.40 of the Equality Act 2010 is repealed so that the provisions that previously made an employer liable if an individual is harassed by a third party no longer apply. Many employers will welcome this change. However, it is important to be aware that there are still circumstances in which employers may face other types of claims where an employee is harassed by a third party.

  • Third-party harassment provisions in Equality Act repealed
  • If a third party harasses an employee after s.40 of the Equality Act is repealed, could the employee still bring a claim against their employer?
  • XpertHR Task: Deal with a complaint of bullying or harassment

2. National minimum wage increases

From 1 October 2013, the national minimum wage increases. It is also introduced in the agricultural sector.

  • National minimum wage increases to £6.31 per hour for workers aged 21 and over
  • The national minimum wage rates for workers aged between 16 and 20 are also increased
  • National minimum wage introduced in agricultural industry
  • What rate of the national minimum wage is payable when 1 October 2013 falls within a worker’s pay reference period?
  • Can accommodation provided to employees be taken into account when calculating payment of the national minimum wage?
  • XpertHR Task: Review your organisation’s pay rates against the national minimum wage

3. Reporting of Injuries regulations and first-aid requirements change

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From 1 October 2013, new regulations revoke and replace the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 1995/3163) to clarify the requirements for informing enforcing authorities about serious work-related accidents and incidents. In addition, the Health and Safety (First Aid) Regulations 1981 will be amended to remove the requirement for the Health and Safety Executive to approve first-aid training and qualifications.

  • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 come into force
  • Changes to first-aid requirements come into force
  • Are employers required to keep records of injuries, diseases and dangerous occurrences?
  • How should an employer respond to an over-seven-day injury?
  • Employment law manual: Health and safety consultation, first aid, insurance, reporting and safety signs
  • XpertHR Task: Carry out a risk assessment

4. Shareholders to have binding vote regarding directors’ pay

From 1 October 2013, shareholders have the power to approve directors’ pay and will also have a binding vote on pay policy and exit payments.

  • Shareholders given binding votes on pay policy
Eleanor Gelder

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