HR Consultancy

Employment Legislation

Employment Law Changes From April 2010

Fit notes

From 6 April 2010, the old system of sick notes was replaced by a fit-note system under which GPs can suggest adjustments to an employee's role and/or workplace to enable them to return to work. The system was recommended in 2008 by Dame Carol Black, the national director for work and health, in her review of sickness absence. 

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Requests in relation to study or training

As of 6 April 2010, employees have a legal right to make a request in relation to study or training - for example, time off work to study. The right is modelled on the procedure allowing parents and carers to make a request for flexible working. A refusal of a request must be on one or more grounds specified in the legislation.

Additional paternity leave

As of 6 April 2010, there is a right to additional paternity leave allowing fathers to take up to 26 weeks' paternity leave in the first year of a child's life. This, in effect, allows fathers to share maternity leave with the mother, who will be able to return to work after six months, leaving the father to take what is left of the 12 months' maternity leave.  This right to additional paternity leave applies to fathers and partners of new mothers (or in an adoption situation).

Data protection

From 6 April 2010, the Information Commissioner has the power to fine organisations up to £500,000 for serious breaches of the Data Protection Act 1998.

Pensions

From 6 April 2010, the minimum pension age increased from 50 to 55 unless retirement is on the grounds of serious ill health, the member has a protected pension age, or the member started taking benefits before 6 April 2010. Meanwhile, the number of years needed to receive a full basic state pension reduced to 30. The state pension retirement age for women born on or after 6 April 1950 will rise to 65 between 2010 and 2020.

Statutory maternity, paternity and adoption pay

From 6 April 2012, the standard rates of statutory maternity pay, statutory paternity pay and statutory adoption pay is £135.45. Statutory sick pay is £85.85 per week.

Trade union blacklisting

Finally, don't forget that regulations came into force in 2010 making it unlawful to dismiss employees or refuse employment on the grounds of trade union membership or activities.

The contents of this web site are intended for general information purposes only and shall not be deemed to be or constitute legal advice. The summaries represent our understanding of the law as at October 1st 2012 and it is subject to change at any time. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

 

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