Employment law changes on 1 October 2010
News
This newsflash takes a look at the key employment law changes that will take place on 1 October 2010, including the Equality Act which comes into force on that date.
Implications
The Equality Act makes a number of changes to existing employment law, which will have an impact on employers; from their recruitment procedures and equal opportunities policies to how employers deal with ill-health dismissals, complaints of harassment and staff discussions about their pay.
Therefore all employers should consider training line managers and those in Human Resources on the changes being introduced by the Equality Act. In addition internal policies and procedures (for example, equal opportunities policy) are likely to need updating to reflect the new provisions in the Equality Act concerning harassment, victimisation and all forms of discrimination.
Employers need to ensure that those responsible for the administration of payroll are aware of the new National Minimum Wage rates which take effect on 1 October 2010. Those who work in or with the private recruitment industry will need to know the new requirements being placed on their business by the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010.
Details
The main provisions of the Equality Act come into force on 1 October 2010. We summarised the key changes in our newflash of 1 September 2010. These include:
- The concept of 'protected characteristics' - age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The list covers the same types of discrimination as in current discrimination law.
- Extension of the protection against associative and perceptive discrimination and harassment to all protected characteristics.
- Extension of prohibition on third party (i.e. clients or customers) harassment to all protected characteristics.
- New claim of 'discrimination arising from a disability' (replaces "disability related discrimination").
- New prohibition on asking job applicants questions about their health or disability.
- Rendering pay secrecy clauses unenforceable where the employee makes or seeks a 'relevant pay disclosure'.
Transitional Provisions
1. Where the act of discrimination occurs wholly before 1 October 2010, an individual would have to bring a Tribunal claim under the existing discrimination law.
2. Where the act of discrimination continues on or after 1 October 2010 and is unlawful under the Equality Act, the individual will be able to bring a claim under the Equality Act.
3. An employee can still bring a claim of victimisation under the Equality Act, where they have alleged a breach of previous discrimination laws.
Other Provisions of the Act
The new concept of dual discrimination and the new public sector equality duty are not expected to come into force until April 2011. The latter is subject to public consultation on draft Regulations for the specific duties and the list of public bodies who will be subject to the general and specific duties.
Positive action in recruitment and promotion, gender pay reporting in the private sector and public sector duty regarding socio-economic inequalities are still under consideration.
Increase in National Minimum Wage
The following increases will take effect on 1 October 2010:
- The principle (adult) rate increases to £5.93 per hour.
- The development rate (for workers aged between 18 and 20 years old) increases to £4.92 per hour.
- Workers aged below 18 have their rate increased to £3.64 per hour.
- A new minimum wage for apprentices is introduced at £2.50 per hour.
Employers should note that from 1 October 2010 the principle (adult) rate applies to workers aged 21 and over.
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2010
A number of changes are introduced by the Regulations including:
- An extension to the statutory cooling-off period for up front fees for performers from 7 to 30 days.
- The requirement for employment agencies to carry out identity checks for work seekers has largely been removed, except for those working with vulnerable people.
- Advertisements must specify whether the position is temporary or permanent.
Please contact a member of the team if you require further assistance.
Posted by: Howes Percival
