A raft of new employment laws come into force on 6 April 2010. Among the changes are:
• a new system of fit notes, which replace sick notes;
• additional paternity leave and pay;
• a power for employment tribunals to refer whistleblowing complaints to regulators;
• new rules governing 'no win, no fee' agreements.
Further detail of the changes include:
Additional Paternity Leave
Additional Paternity Leave Regulations 2010 and five related draft sets of regulations: these give fathers and partners (including same-sex and civil partners) up to six months' additional paternity leave, provided the mother has returned to work without exercising her full entitlement to maternity leave. Some of the leave may be paid if it is taken during the mother's maternity pay period. The entitlement to 'transferable' paternity leave and pay applies to parents of children due (and adoptive parents notified of a match) on or after 3 April 2011. Although the Regulations are expected to come into force on 6 April, they are still in draft form.
Fit Notes Replace Sick Notes
The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 SI 2010/137: under the new system, sick notes will be replaced by 'fit notes', which will allow a doctor to indicate whether an employee is fit for some work and suggest changes that could be taken by the employer to an employee's work environment or job role to help facilitate a return to work.
Apprenticeships
Apprenticeships, Skills, Children and Learning Act 2009: S.40 of this Act will introduce a new right for employees to request time off to undertake study or training. It applies to employees with 26 weeks' service or more and employers will be required to give serious consideration to all requests. This right will be phased in and will be made available to employees in organisations with 250 or more employees from 2010 before being extended to all employees from April 2011
Employment Tribunals
Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 SI 2010/131: this permits tribunals - where the claimant consents - to pass information about public interest disclosures to the relevant regulator.
Slavery or Servitude
Coroners and Justice Act 2009: S.71 of the Act makes it an offence for a person to hold another person in slavery or servitude, or require them to perform forced or compulsory labour. The new offence is aimed at protecting vulnerable workers such as migrants, and carries a maximum penalty of 14 years in prison.
Immigration System Changes
Immigration Rules: the Points-Based System (PBS) under the Immigration Rules will change on 6 April. The changes will affect Tiers 1 and 2, the two main PBS categories which apply to highly skilled and skilled non EU nationals respectively. For more information, see www.ukba.homeoffice.gov.uk
Damages Based Agreements
Damages-Based Agreements Regulations 2010: these will regulate the use of damages-based agreements (DBAs) in employment cases. DBAs (or contingency fee agreements) are a type of 'no win, no fee' agreement where the solicitor takes a percentage of the client's compensation in the event of a win or settlement. While the Regulations are still in draft form, they are due to come into force on 6 April 2010.