news

Here we list recent and future implementation dates for some of the most important measures introduced by Statute, Regulation and Directives. They are briefly summarised under subject headings.

If you would like further clarification on these new legal developments please contact us.

1 October 2009

The Work and Families (Increase of Maximum Amount) Order 2009 came into force. The increase uplifts the maximum weekly amount to £380 per week from £350. The maximum weekly amount is used by tribunals to calculate the basic award unfair dismissal award and statutory redundancy payments. The maximum weekly pay limit, normally adjusted annually in February will not be adjusted until February 2011.

The National Minimum Wage increased as follows:

• Workers aged 22 and over - £5.80 (previously £5.73)
• Workers aged 18-21 - £4.83 (previously £4.77)
• Workers aged 16 & 17 - £3.57 (previously £3.53)

The Government introduced legislation prohibiting employers from including tips when calculating the minimum wage.

1 February 2010

The compensation limit for unfair dismissal was reduced to £65,300 from £66,200. The new limit applies in cases where the dismissal occurred on or after the 1 February. Also reduced was the amount of guarantee payments (down to £21.20 from £21.50 per day) and the minimum compensation for union exclusion or expulsion (down to £7,200 from £7,300).

2 March 2010

The Employment Relations Act 1999 (Blacklists) Regulations 2010 came into outlawing the blacklisting of workers. Employers will be prohibited from compiling lists of current or former trade union members to use the list discriminate against them. Individuals who are successful in bringing a claim will be awarded a minimum of £5,000 in compensation. The upper limit is capped at £65,300.

4 April 2010

SMP, SAP, SPP will all increase to £124.88 per week from £123.06.
SSP will remain unchanged at £79.15 per week.
The lower earnings limit will increase to £97 per week from £95.

6 April 2010

The Apprenticeships, Skills, Children and Learning Act 2009 will allow employees with 26 weeks’ service in organisations of 250 or more employees the right to request time off for training. The right will be extended to all employees in April 2011. Any time off agreed will be unpaid.

The statement of fitness for work (fit note) will replace the medical certificate (form med3). The new fit notes will allow a doctor to make suggestions that may enable to the employee to return to work in some capacity. Where an employer is unable to accommodate the employee they will remain off sick.

1 October 2010

The recommendations of the Low Pay Commission have been accepted by the Government and the NMW will increase from 1 October 2010. As well as an increase in the NMW, the age at which the full NMW rate is applied will reduce from 22 years old to 21.

The new rates, and amended age bands, will be:

• 21 and over - £5.93 per hour (currently £5.80 for workers aged 22 and over)
• 18 – 20 - £4.92 per hour (currently £4.83 for workers aged 18-21)
• 16 and 17 - £3.64 per hour (currently £3.57)
• Apprentice under 19, or over 19 in the first year of apprenticeship - £2.50 per hour.

The accommodation offset increases to £4.61 per day from £4.51.