Our first regular round-up of employment law changes coming into force in April and October each year.
Abolition of Statutory Dispute Procedures
The Statutory Disciplinary and Grievance Procedures for handling workplace disputes were replaced on April 6, 2009 by the new Acas Code of Practice for Disciplinary and Grievance Procedures. Transitional arrangements apply, for details of these arrangements see Statutory Dispute Procedures.
The Acas guidelines are broader than the old Statutory Dispute Procedures and say employers ‘should’ rather than ‘must’ act in a certain way. The Acas Code requires employers to:
- Act consistently.
- Carry out necessary investigations.
- Tell the employee the main points relating to the problem.
- Give the employee an opportunity to put their case.
- Advise the employee of their right and allow them to be accompanied by a colleague or trade union member.
New Section 207a in the Trade Union and Labour Relations and Consolidation Act 1992 states Employment Tribunal awards can be:
- Increased by 25 per cent where the employer fails to follow the Acas Code of Practice for Disciplinary and Grievance Procedures and the employee brings a successful claim.
- Reduced by 25 per cent where the employee fails to follow the Acas Code of Practice for Disciplinary and Grievance Procedures and brings a successful claim.
For more detail see:
Grievance Procedures and the Acas Code
Disciplinary Procedures and the Acas Code
Minimum statutory holiday entitlement
Minimum statutory holiday entitlement increased from 24 to 28 days on April 1, 2009. The correct calculator is now 5.6 weeks for full-time workers, equivalent to 20 days plus Bank Holidays.
Penalties for failure to pay minimum wage
The increased penalty for failing to pay the minimum wage is now based on 50 per cent of outstanding arrears. There is also a minimum fine of £100 and a maximum of £5,000. If the employee is reimbursed for the current national minimum wage rate within 14 days, the fine can be reduced by 50 per cent.
Statutory maternity, paternity and adoption pay
On April 5, 2009, statutory maternity, paternity and adoption pay increased from £117.18 a week to £123.06.
Statutory sick pay
On April 5, 2009, statutory sick pay increased from £75.40 a week to £79.15.
Flexible working
From April 6, 2009, the right to request permanent changes to location, hours or days of work was extended to all carers with children up to the age of 16. This previously applied to parents or carers of children up to the age of six, or parents or carers of disabled children up to the age of 18.
New ET1 (claim) forms and ET3 (defence) forms
New claim forms for employees (ET1) should be used after April 6, 2009, unless the old Statutory Dispute Procedures still apply. See our guide to the transitional arrangements dealing with the introduction of the new Acas Code of Practice for Disciplinary and Grievance Procedures.
Changes to Employment Tribunal procedures
Employment Tribunal judges can now sit alone without the usual two wing members on holiday pay claims and stage 1 equal value claims.
