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ChamberHR: New Legislation Summary

With effect from Sunday 3 April 2011, the following changes will be introduced

1. Statutory maternity, paternity and adoption pay
The standard rate of statutory maternity, paternity and adoption pay increases from £124.88 to £128.73.

2. Additional paternity leave and pay
Employees who are fathers, or spouses or partners of mothers, and employees who have been matched for adoption and are spouses or partners of the person taking adoption leave are entitled to take additional paternity leave of up to 26 weeks in the first year of their child’s life or the first year after the child’s placement for adoption, and may be entitled to additional paternity pay. Additional paternity leave has effect in relation to children whose expected week of birth is on or after 3 April 2011, or who are matched for adoption with a person who is notified of the match or on after 3 April 2011.

With effect from 6 April 2011, the following changes will be introduced

1. Single equality duty
The provisions of Section 149 of the Equality Act 2010 replace the current public sector duties to promote equality with a single equality duty that is extended to other protected characteristics. The general duty obliges public authorities to eliminate discrimination, advance equality of opportunity and foster good relations between different groups. Specific duties are aimed at helping public bodies meet the requirements under the general equality duty.

2. Social Security (Contributions) (Amendment No.2) Regulations 2011
The Regulations amend the lower and upper earnings limits for primary class 1 national insurance contributions and the

3. Default retirement age
Under the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, employers are prohibited from issuing new notifications of retirement using the default retirement age and the statutory retirement procedure is abolished. Employers that wish to prescribe a compulsory retirement age may do so only if it is a proportionate means of achieving a legitimate aim. A transitional period applies to notifications of retirement issued on or before 5 April 2011 where the employee reaches the age of 65 on or before 30 September 2011. Employers may no longer prohibit job applicants from applying for a job if they are aged 65 or over, or are within six months of the age of 65.

4. Right to request flexible working extended to parents of children under 18
The law currently grants parents of children under 18 the right to request flexible working. This extends the right to request to work flexibly already conferred to parents of children under the age of 17, or under the age of 18 if the child is disabled, and to employees who care for adults aged 18 or over.

5. Statutory sick pay increase
The standard rate of statutory sick pay increases from £79.15 to £81.60 per week.

6. Positive action provisions of the Equality Act
The provisions of Section 159 of the Equality Act 2010,permits employers to treat individuals with a protected characteristic more favourably than others in connection with recruitment or promotion and comes into force. This applies only to candidates of equal merit and the more favourable treatment must enable or encourage an individual to overcome or minimise a disadvantage or participate in an activity where he or she is under-represented in that activity.

If further information is required please contact Qdos on 01455 850000 or visit http://www.chamberhr.co.uk/hrhome.asp?file=s238cmng84yd