11:54am Tuesday 12th January 2010
By Gillian Markland
WITH 2009 being the most difficult of years for many businesses we look forward with renewed hope that 2010 will bring new opportunities and economic recovery.
So what does 2010 have in store for employers? Is there more doom and gloom on the horizon or can we expect calm waters as far as employment legislation is concerned? Ultimately, you are the judge but below are some of the proposed changes to employment legislation in the first half of 2010 which could impact on your business.
Early 2010 sees the introduction of the prohibition of blacklisting of workers from employment because of their union membership or activities.
February brings a little ray of sunshine with the decrease in limits applied to tribunal awards and other amounts payable under employment legislation. This includes the limit on the compensatory award for unfair dismissal being decreased from £66,200 to £65,300. However, the new limits will only apply where the event which gives rise to the award or payment occurs on or after February 1, 2010.
April sees a number of significant changes coming to fruition, namely:
• The extension of paternity leave and pay. Fathers will have the right to take up to 26 weeks off work during the mother’s additional maternity leave period, as long as she has returned to work. Such leave will be available during the second six months of the child’s life and may be paid if taken during the mother’s statutory maternity pay period. The Government wants the law to come into force in April to affect parents of babies due from April 3, 2011.
• A right for employees to request time off to undertake training will be phased in from April 2010 for employers with more than 250 employees and in April 2011 it will affect employers with fewer staff. To be eligible, an employee must have been continuously employed for six months. The training must lead to an accredited qualification or skill needed for a role. Employers must have a good business reason for refusal, but are under no obligation to meet the salary or training costs – a possible powerful deterrent to the employee.
• Introduction of “Fit Notes” not “Sick Notes”. The format of the doctor’s medical statement will allow them to record whether a patient is fit or not fit for work or “may be fit for some work now”. The overall aim of the fit note is to get employees back to work sooner than they would normally return or if possible to enable them to remain in work.
So, is it all doom and gloom? Or can we say we are heading for calm waters?
* Gillian Markland is head of employment law at Ingrams Solicitors.
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