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Increase in statutory payments

From 06 April 2008, statutory maternity, paternity and adoption pay will increase from £112.75 per week to £117.18, and statutory sick pay will increase from £72.55 per week to £75.40.

The budget brought in a number of other changes. Changes to tax rates as follows:
- the 10 per cent starting rate is removed
- the 22 per cent basic rate is reduced to 20 per cent

The thresholds from which the rates apply are confirmed as:
- basic rate (20 per cent) for £0 - £36,000
- higher rate (40 per cent) for earnings over £36,000 More

Changes to harassment law and to maternity benefits

From 06 April, employers who know that a client or customer is sexually harassing one of their female employees and who fail to take such steps as would have been "reasonably practicable" to protect the employee will be breaking the law.

In addition, a woman is protected if she is not consulted about a change to her job while on maternity leave or if promotion is delayed because her maternity leave is excluded from length of service. And as from 06 April, the Sex Discrimination Act will be amended so that pregnant women do not need a comparator in cases of alleged pregnancy or maternity discrimination. More

Scope of consultation legislation broadened

As from 06 April 2008, the scope of the Information and Consultation of Employees Regulations 2004, and also of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 is extended to undertakings with 50 or more employees. More

Agency workers

And on the same date, the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 take effect - these will give all agency workers the right to withdraw from services provided by an agency, such as accommodation and transport, without suffering any disadvantage. Agencies will no longer be required to provide written information to workers regarding assignments of less than five days. More

Also with effect from 06 April 2008 there are some minor changes to the age discrimination regulations, dealing with continuity of service for the service-related benefit exception; and closing a loophole in connection with time limits (the original Regulations did not properly provide for the three month extension of time under the dispute resolution regulations).

Finally, a bit of tax legislation

A previous loophole, which allowed HMRC to charge an employer full tax and NI under the PAYE regulations, where the parties have wrongly viewed the employee as self-employed, and without giving credit for the tax and national insurance already paid directly by the 'employee', is now closed. So HMRC can no longer charge tax twice.

Increase in the National Minimum Wage

Not until October, but advance warning that that the new rates of the National Minimum Wage, applicable from 1 October 2008, will be as follows: for workers aged 22 and over - an increase from £5.52 per hour to £5.73 for workers aged 18-21 - an increase from £4.60 to £4.77 and for workers aged 16 and 17 (provided they are above compulsory school age) - an increase from £3.40 to £3.53. More

ID cards for all

The Home Office has announced that ID cards will be introduced this year for foreign nationals and then for British citizens in 2009. British citizens enrolled on the National Identity Register will also eventually have the choice of having a passport or an ID card or both. Consultation on various aspects of the proposals will run until 30 June.
More

Some interesting cases...

- Another age discrimination claim from a young employee
- Changing contracts
More

Corporate Manslaughter and Corporate Homicide Act 2007

A final reminder that this new piece of legislation, which creates a criminal offence of "corporate manslaughter" and allows companies to be prosecuted for any death in the workplace, took effect on 06 April 2008. More

Noise at work regulations extended to the music and entertainment sector

When the Control of Noise at Work Regulations 2005 came into force, an initial exemption applied to work in the music and entertainment sector. This exemption ceased on 06 April 2008. Under the 2005 Regulations, the level at which employers must provide hearing protection and hearing protection zones is 85 decibels (daily or weekly average exposure) and the level at which employers must assess the risk to workers' health and provide them with information and training is 80 decibels. There is also an exposure limit value of 87 decibels, taking account of any reduction in exposure provided by hearing protection, above which workers must not be exposed. The HSE has promised practical guidelines specific to the music and entertainment industry.

More guidance on DSE

The Health and Safety Executive has a new section on its website dedicated to offering advice on display screen equipment (DSE), which includes computer monitors. It includes guidance on safe working with monitors, case studies, how to carry out a DSE assessment, and advice for call centre working practices. More

Three new letters

We've added three new letters to the website:

two regarding the right of appeal against a flexible working request which has been denied (the first invites the employee to an appeal meeting; the second confirms the outcome). More

and a letter warning an employee who is about to run out of either company or statutory sick pay. More

Recruitment - the need for a professional approach on both sides

- How effective are your recruitment procedures?
- Increase in redundancies.
- Social networking websites.

More

And a new form of leave?

A Japanese marketing firm is offering "heartbreak leave". Designed for those who need to take paid time off following a break up with a partner, the amount of leave caught our eye as it would potentially contravene our age discrimination legislation! Staff in their twenties are given up to 2 days off per year, older staff have three. Somehow we don't see this catching on in the UK but you never know!