UK Employment Law review
There have been some recent ammendments to the UK legislation covering emploment law, which affect your statutory rights as an employee. Quantum Claims have reviewed these key changes.
Maternity and Parental Leave etc. as well as paternity and adoption regulations 2006 (ammendment)
An employee no longer needs to have six months’ service to qualify for additional maternity leave (‘AML’)
An employee intending to return early from AML or additional adoption leave (AML) must give her employer eight weeks’ notice of her intended return date (increased from four weeks)
An employee on maternity leave can agree with her employer to work for up to 10 days during the maternity leave period without it bringing her period of leave to an end or affecting her SMP during the rest of that week.
Employers are allowed to maintain reasonable contact with an employee whilst on maternity leave.
These changes to the law apply to expected date of birth or placement on or after 1 April 2007.
National Minimum Wage
The national minimum wage is now £5.35 per hour. The adult rate of the National Minimum Wage will increase from £5.05 to £5.35 per hour, while the youth rate, paid to 18-21 year olds, will go up from £4.25 per hour to £4.45. The rate for 16-17 year olds will increase from £3.00 an hour to £3.30 per hour.
Employment Rights (Increase of Limits) Order 2006
Increases, from 1 February 2007, the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation.
Increasing the Holiday Entitlement – A Further Consultation – January 2007
In light of the response to the initial consultation above, the government is now consulting on detailed proposals and draft regulations to increase the holiday entitlement under UK employment law. It proposes to amend the Working Time Regulations 1998 to increase the statutory entitlement to paid holiday from four weeks to 4.8 weeks from 1 October 2007, and from 4.8 weeks to 5.6 weeks on 1 October 2008, subject to a maximum statutory entitlement of 28 days.
The DTI seeks views on the draft regulations and on implementation of this change. In particular they would like feedback on what guidance would help employers to introduce the additional holiday entitlement. Responses are welcome from all – businesses, trades unions, representative bodies, individuals and others. Consultation ends on 13 April 2007.
Flexible Working Regulations
The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations come into force in the UK on 6 April 2007. It extends the right to request flexible working to certain carers of adults. The Regulations provide that an employee may make a request for flexible working if the employee is, or expects to be caring for a person who is over the age of 18 and in need of care, and who is either married to or the partner or civil partner of the employee; a relative of the employee; or living at the same address as the employee. This right is subject to a qualifying period of 26 weeks continuous employment. It should however be noted that carers who submit such a request are not guaranteed to be granted flexible working patterns.
Sickness Payments
As from 6 April 2006 Statutory Sick Pay (Standard Rate) will increase from £68.20 per week to £70.05 per week. The maximum period which can be claimed is 28 weeks in any 3 year period.
Parental Payment Monetary and Period Limits
As from 6 April 2006.
Maternity and Parental Leave etc. as well as paternity and adoption regulations 2006 (ammendment)
An employee no longer needs to have six months’ service to qualify for additional maternity leave (‘AML’)
An employee intending to return early from AML or additional adoption leave (AML) must give her employer eight weeks’ notice of her intended return date (increased from four weeks)
An employee on maternity leave can agree with her employer to work for up to 10 days during the maternity leave period without it bringing her period of leave to an end or affecting her SMP during the rest of that week.
Employers are allowed to maintain reasonable contact with an employee whilst on maternity leave.
These changes to the law apply to expected date of birth or placement on or after 1 April 2007.
National Minimum Wage
The national minimum wage is now £5.35 per hour. The adult rate of the National Minimum Wage will increase from £5.05 to £5.35 per hour, while the youth rate, paid to 18-21 year olds, will go up from £4.25 per hour to £4.45. The rate for 16-17 year olds will increase from £3.00 an hour to £3.30 per hour.
Employment Rights (Increase of Limits) Order 2006
Increases, from 1 February 2007, the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation.
Increasing the Holiday Entitlement – A Further Consultation – January 2007
In light of the response to the initial consultation above, the government is now consulting on detailed proposals and draft regulations to increase the holiday entitlement under UK employment law. It proposes to amend the Working Time Regulations 1998 to increase the statutory entitlement to paid holiday from four weeks to 4.8 weeks from 1 October 2007, and from 4.8 weeks to 5.6 weeks on 1 October 2008, subject to a maximum statutory entitlement of 28 days.
The DTI seeks views on the draft regulations and on implementation of this change. In particular they would like feedback on what guidance would help employers to introduce the additional holiday entitlement. Responses are welcome from all – businesses, trades unions, representative bodies, individuals and others. Consultation ends on 13 April 2007.
Flexible Working Regulations
The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations come into force in the UK on 6 April 2007. It extends the right to request flexible working to certain carers of adults. The Regulations provide that an employee may make a request for flexible working if the employee is, or expects to be caring for a person who is over the age of 18 and in need of care, and who is either married to or the partner or civil partner of the employee; a relative of the employee; or living at the same address as the employee. This right is subject to a qualifying period of 26 weeks continuous employment. It should however be noted that carers who submit such a request are not guaranteed to be granted flexible working patterns.
Sickness Payments
As from 6 April 2006 Statutory Sick Pay (Standard Rate) will increase from £68.20 per week to £70.05 per week. The maximum period which can be claimed is 28 weeks in any 3 year period.
Parental Payment Monetary and Period Limits
As from 6 April 2006.
| Type of payment | Current rate (previous limit) | Max. period |
| | | |
| | | |
| Statutory maternity pay (higher rate) | 90% of normal weekly earnings | 6 weeks |
| | | |
| Statutory maternity pay (basic rate) | £108.85 (£106.00) a week or 90% of normal weekly earnings if lower | 20 weeks |
| | | |
| Maternity allowance | £108.85 (£106.00) a week or 90% of normal weekly earnings if lower | 26 weeks |
| | | |
| Statutory paternity pay | £108.85 (£106.00) a week or 90% of normal weekly earnings if lower | 2 weeks |
| | | |
| Statutory adoption pay | £108.85 (£106.00) a week or 90% of normal weekly earnings if lower | 26 weeks |
Labels: Employment Law, UK
| posted by Quantum Claims at 10:01 AM |
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