Employment law changes in April 2010

 
 
With Spring comes the usual scramble to get to grips with developments in employment law as a raft of new legislation comes into force. The changes introduced from 6 April 2010 include:
 
    a)     a new system of “fit notes”, which replace sick notes;
    b)     additional paternity leave and pay;
    c)     a right for employees to request time off for training;
    d)     a power for employment tribunals to refer whistleblowing complaints to regulators; and
    e)     new rules governing 'no win, no fee' agreements.
 
a)       The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010: under the new system, sick notes are replaced by 'fit notes', which allow a doctor to indicate whether an employee is fit for some work and suggest changes that could be taken by the employer to an employee's work environment or job role to help facilitate a return to work.
 
b)       The Additional Paternity Leave Regulations 2010 (and five related draft sets of regulations!) give fathers and partners (including same-sex and civil partners) up to six months' additional paternity leave, provided the mother has returned to work without exercising her full entitlement to maternity leave. Some of the leave may be paid if it is taken during the mother's maternity pay period. The entitlement to 'transferable' paternity leave and pay applies to parents of children due (and adoptive parents notified of a match) on or after 3 April 2011.
 
c)       Apprenticeships, Skills, Children and Learning Act 2009: this Act has introduced a new right for employees to request time off to undertake study or training. It applies to employees with 26 weeks' service or more and employers are required to give serious consideration to all requests (in much the same way as they are required to do for flexible working applications). This right is being phased in; initially (from 2010) it is available to employees in organisations with 250 or more employees. It will be extended to all employees from April 2011.
 
d)       Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 SI 2010/131: this permits tribunals - where the claimant consents - to pass information about public interest disclosures (also known as “whistleblowing”) to the relevant regulator.
 
e)       Damages-Based Agreements Regulations 2010: these will regulate the use of damages-based agreements (DBAs) in employment cases. DBAs (or contingency fee agreements) are a type of 'no win, no fee' agreement where the solicitor takes a percentage of the client's compensation in the event of a win or settlement.
 
In addition:
  • the Coroners and Justice Act 2009 has made it an offence for a person to hold another person in slavery or servitude, or require them to perform forced or compulsory labour. The new offence is aimed at protecting vulnerable workers such as migrants, and carries a maximum penalty of 14 years in prison.
  • the Points-Based System (PBS) under the Immigration Rules changed on 6 April. The changes affect Tiers 1 and 2, the two main PBS categories which apply to highly skilled and skilled non EU nationals respectively. For more information, see www.ukba.homeoffice.gov.uk