NB Dates marked with an asterisk are approximate
EMPLOYMENT AGENCIES
2008*
UNDER DISCUSSION: Enhanced protection for agency workers
A private members bill to combat discrimination against temporary and agency workers had its second reading in the Commons in February.
Although the measure does not have government support and is unlikely to become law, it has been reported that the government has offered to set up an independent commission to consider the issue further.
The proposed Temporary Agency Workers Directive continues to be discussed at European level, most recently in December 2007.
EQUAL OPPORTUNITIES
October 2008*
NEW LAW: Race Relations Act amendments
In June 2007, the government received a reasoned opinion from the European Commission relating to the implementation of the EC Race Discrimination Directive. Most significantly, the Commission claimed that the UK has not fully transposed the Directive with respect to the definition of indirect race discrimination. The Department for Communities and Local Government (now the Government Equalities Office) confirmed that the government will amend the RRA to address the Commission’s concerns. Despite an indication in October 2007 that the government intended to lay Regulations before Parliament ‘shortly’, no amending regulations have as yet been published.
October 2008
NEW LAW: Sex Discrimination Act amendments
For pregnant women whose expected week of childbirth falls on or after 5 October 2008, the Sex Discrimination Act has been amended so that a woman will be able to bring a discrimination claim if non-pay benefits are not provided during a period of additional maternity leave. In practice this is likely to mean that employers will have to provide non-pay benefits in full throughout ordinary and additional maternity leave. This will be clarified when the government publishes amendments to the Maternity and Parental Leave Regulations, expected in late April 2008.
2008*
UNDER DISCUSSION: Single Equality Bill
In 2005, the government announced a ‘root and branch’ review to investigate the causes of persistent discrimination and inequality in British society. This involved the establishment of two reviews - an Equalities Review and a Discrimination Law Review – to support the development of the new Equality and Human Rights Commission and the creation of a Single Equality Act. The Equalities Review, chaired by Sir Trevor Phillips, published its final report in February 2007. Consultation on the government ’s green paper setting out its proposals for a Single Equality Bill has now closed and the government ’s response is awaited.
2008*
UNDER DISCUSSION: Equality for disabled people
The government has undertaken a public consultation asking disabled people what equality means to them, and how the government can best monitor progress. A summary of responses was published in November 2007 and a set of measures to monitor progress in achieving equality in employment was published in the ODI Annual Report 2007
UNIONS/EMPLOYEE REPRESENTATION
2008*
UNDER DISCUSSION: Workplace representatives’ facilities and time
Last year the government consulted on the facilities and facility time provided to workplace representatives. The consultation addressed whether new methods of working seriously affect the ability of reps to function and whether their effectiveness and efficiency could be enhanced. Amongst other things, it also considered the consistency and adequacy of rights to paid time off. The government’s response was published in November.
The main recommendation is for revisions to the ACAS code of practice on time off for trade union duties and activities.
2008*
UNDER DISCUSSION: European works councils
For some time there have been discussions between the European Commission and the EU social partners (workers' and employers' representatives) on the future of European works councils and how their potential may be realised in the years ahead. A formal European Commission consultation document on revision of the EU European works councils directive was published in February 2008. Failing agreement between the social partners, the European Commission may formula legislative proposals during 2008.
2008/2009*
NEW LAW: Unions' right to expel members
The DTI has consulted on changes to the Trade Union and Labour Relations (Consolidation) Act 1992 to take account of the ruling of the European Court of Human Rights in ASLEF v United Kingdom [2007] IRLR 361. The court ruled that provisions in the act which prevent a trade union expelling a member because of his or her membership of a political party (in this case, the BNP) were incompatible with Aslef’s right to freedom of association. The consultation closed on 8 August 2007. This is one of the matters covered in the Employment
Bill currently before parliament, which will repeal the provisions in the 1992 Act.
WORKERS' RIGHTS
2008/2009*
NEW LAW: Enforcement of NMW
Last year, the government consulted on the enforcement of the national minimum wage. It proposed strengthening the current enforcement regime and making changes to the way in which arrears of pay due to a worker who has not received the NMW should be calculated. The consultation, which also covered enforcement of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, closed on 8 August 2007. Proposals to increase remuneration where arrears have been outstanding over a period have are included in the Employment Bill currently before parliament.
2008*
UNDER DISCUSSION: Working Time Directive
EU-level negotiations will continue on the European Commission’s proposals for reforming the Working Time Directive (2003/88/EC). The proposed changes would, in particular, limit the scope of the individual ‘opt-out’ – the provision in the directive that allows workers to waive their right to a 48-hour average maximum working week. In May 2005, the European Parliament voted in favour of scrapping the individual opt-out altogether. A compromise suggested by the European Commission was rejected by the Council of Ministers at a meeting in June 2005. Further discussions, most recently at a meeting of the Employment Council in December, have failed to result in agreement. However, the issue has been linked with finding a solution to the continuing deadlock over the proposed Temporary Agency Workers Directive.
1 April 2009
NEW LAW: Statutory annual leave increase
In 2006, the DTI consulted on a proposal to extend the current holiday entitlement under the Working Time Regulations 1998 to reflect the number of permanent bank and public holidays and a power to amend the Regulations was Included in the Work and Families Act 2006. The DTI issued a second consultation paper in late 2006, the response to which was published in June 2007. The annual leave entitlement went up from 20 to 24 days (for full-time workers) on 1 October 2007 and will be further increased to 28 days on 1 April 2009.
April 2009*
NEW LAW: Employment dispute resolution reforms
The DTI launched a consultation in March 2007 with a view to abolishing the statutory dismissal and grievance procedures introduced in 2004 under the Employment Act 2002. The consultation followed publication of an independent report on employment dispute resolution by Michael Gibbons, which was commissioned by the DTI in after it became clear that the new procedures had not cut the number of employment tribunal claims. In addition to repealing the statutory procedures, the Gibbons report recommended simplifying tribunal applications forms, providing free mediation services for employment disputes and strengthening tribunals’ powers to award costs, including taking into account the efforts the parties have made to resolve workplace disputes or settle the case. The government proposals in this area have now been set out in the Employment Bill currently before parliament.
The Bill, expected to come into force in April 2009, will repeal the statutory procedures and give tribunals power to increase or decrease compensation awards by up to 25% if either side has unreasonably failed to follow a relevant code of practice.
WORK-LIFE BALANCE
April 2010*
NEW LAW: Additional paternity leave and pay
The government has further postponed its plans to introduce additional paternity leave and pay, under powers contained in the Work and Families Act 2006. Under the proposals, fathers would be entitled to take up to six months' leave (three of which would be unpaid) if the mother returns to work at the end of her first six months of maternity leave. This was to be introduced ‘before the end of this Parliament’, but the government has announced that it now intends the changes to apply to babies due after April 2010.
April 2010*
NEW LAW: Extending the SMP payment period to a year
The government has indicated that it intends to use the power in the Work and Families Act 2006 to extend paid maternity leave from 39 to 52 weeks ‘before the end of this Parliament’. This was originally planned for implementation in April 2009, but this has now been deferred a year and will now apply in respect of babies due on or after April 2010.