On The Horizon:
What to expect in 2010...

2010 will see changes in employment law regardless of whether there is a change in power at Westminster.

We attempt here to summarise the main changes on the horizon – some of which may end up not happening (or happening differently) if a new government is elected.

EQUALITY BILL

We expect the Equality Bill to receive the Royal Assent in April, with immediate implementation of its major provisions and implementation of its other major elements in October 2010 / April 2011 and beyond.

Below is a summary of the main changes if the Bill is enacted in its current form.

INDIRECT DISCRIMINATION

A standard definition of indirect discrimination will apply to all of the protected characteristics, thereby introducing indirect disability discrimination.

DISCRIMINATION BY ASSOCIATION AND PERCEPTION

Currently discrimination by association and perception does not extend to all protected characteristics. This change extends this type of protection, for example, to disability and age.

THIRD PARTY HARASSMENT

Currently, an employer can be liable for sexual harassment by a third party (e.g. a customer, client, visitor or contractor). This will be extended to cover all of the protected characteristics - except marriage and civil partnership, and pregnancy and maternity.

GAGGING CLAUSES

Contractual gagging clauses will be unlawful. These are clauses preventing employees from discussing their pay with colleagues. Any action taken against an employee for this reason will amount to victimisation.

PAY DATA

There is a new power to issue Regulations requiring private sector employers with at least 250 employers to publish information about the differences in pay between female and male employees.

POSITIVE ACTION

Employers will be able to recruit or promote a person from a disproportionately under-represented group where that person is "as qualified" as the other candidate. Employers will not, however, be allowed to have a general policy of treating people who share that protected characteristic more favourably than those who do not share it.

ENFORCEMENT

Tribunals' powers will be extended to include the power to make recommendations in respect of an employer's entire workforce. These will identify specific actions that the employer should undertake to reduce the adverse effect of discrimination, within a specific timeframe.

AGE

The prohibition against age discrimination will be extended to the provision of goods and services (including public services).

PROCUREMENT – CONTRACT COMPLIANCE

The Bill envisages that public sector bodies will be required to make greater use of their purchasing power to insist that their suppliers comply with the standards of equality and diversity that apply to the public bodies.

DEFAULT RETIREMENT AGE

The Government is committed to reviewing the current Default Retirement Age of 65 during the course of 2010 and may scrap it or amend it upwards.  The public consultation on this ends in February.

HOLIDAYS AND LONG TERM SICK LEAVE

We live in hope that one of the superior courts will finally clarify the law on carrying over untaken Working Time Holidays because of long term sick leave.

COMPENSATION CHANGES

The revised tribunal compensation limits which apply from 1 February 2010 have been published. The maximum compensatory award for unfair dismissal will decrease to £65,300.  The amount of a week’s pay for calculation of ET Basic Awards (and Redundancy Payments) will not increase this year.

STATUTORY MATERNITY PAY

Subject to Parliamentary approval, statutory maternity, paternity and adoption pay will rise to £124.08 in April 2010.  Statutory sick pay will remain at £79.15 a week.

‘FIT NOTES’

The new ‘Fit Notes’, replacing the old style Medical Certificates will be rolled out in spring 2010.

RIGHT TO REQUEST TIME OFF FOR TRAINING

The new right for employees to request time off to undertake training is expected to come into force for employers with 250 or more employees (to be extended to all businesses in April 2011 or later)

HELP FROM LAW AT WORK

If you require more detail on any of the above developments or wish to find out about training events highlighting the impact of the changes please contact your Law At Work Legal Manager or email us at info@lawatwork.co.uk or call 0333 456 0246.