Employment Legislation Update-April 2010

FIT NOTES
Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010
From 6 April 2010 the new “fit note” replaces the previous sick note. The fit note allows 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.
There are 4 tick boxes for the doctor to select:
• phased return to work
• altered hours
• amended duties
• workplace adaptations
Additionally, the doctor may recommend that a report from an occupational health provider is appropriate.
The doctor will specify if the employee will be fit within 14 days. The maximum period of a fit note is 3 months unless the employee has been signed off sick for the previous 6 months. A note issued after a 6 month period can be for an indefinite period.

ADDITIONAL PATERNITY LEAVE
Additional Paternity Leave Regulations 2010
For children where the expected week of birth is after 3 April 2011 or adoptions after 3 April 2011:
• employed fathers and partners of mothers (including same-sex and civil partners) can take paternity leave of up to 26 weeks in the first year following the birth or placement for adoption, provided that the mother/adopter has returned to work without exercising her full entitlement to maternity leave
Additional paternity leave may be for a maximum of 26 weeks and a minimum of 2 weeks. It must not start until at least 20 weeks after the birth/adoption and must not end later than 12 months after the birth/adoption.
For fathers and partners of mothers, some of the leave may be paid if it is taken during the mother’s maternity pay period. To qualify employees must have 26 weeks continuous service with their employer.

EMPLOYEE STUDY AND TRAINING
Employee Study and Training (Qualifying Period of Employment) Regulations 2010 and Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010.
This Act introduces 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 will be required to give serious consideration to all requests. This right will be phased in and will be made available to employees in organisations with 250 or more employees from 2010 before being extended to all employees from April 2011.
Leave under the Act does not need to be paid and the procedure for requesting leave is similar to that for requesting a flexible working arrangement. Failure to comply could result in an award of compensation of up to 8 weeks pay.

WHISTLEBLOWING
Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010
This Act permits tribunals to pass information about public interest disclosures to the relevant regulator where the claimant consents.
 

BLACKLISTING FOR TRADE UNION INVOLVEMENT
The Employment Relations Act 1999 (Blacklisting) Regulations 2010
The act creates a “prohibited list” which is a list containing details of people who have been or who are trade union members or who have taken part in trade union activity. From 2 March 2010, it is unlawful:
• To compile, sell or use a prohibited list
• To refuse employment, to dismiss or to subject a detriment related to the prohibited list
• For a recruitment agency to provide services to an individual for a reason specific to use of the prohibited list

ANTI-SLAVERY
Coroners and Justice Act 2009
It is 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. Factors which may point to forced or compulsory labour include the worker’s documents, such as passport, being withheld by the employer; the worker being forced to live or remain in a particular area or in poor accommodation; and the employer not paying agreed wages.

UP AND COMING LEGISLATION

Equality Act 2010
The act will be brought into force in stages from October 2010 and will replace a host of existing discrimination legislation. Some new elements include:
• The requirement for employers with 250 or more employees to publish gender pay gap information
• A ban on “secrecy clauses” which prevent staff from talking about their wages. Work colleagues will now be able to compare wages
• Discrimination by association or perception, that is that a person has been discriminated against because they associate with someone with a particular characteristic or they are wrongly perceived to possess a particular characteristic
• Positive discrimination for disadvantage groups, particularly during recruitment and promotion, however whether this comes into force depends on the outcome of the forthcoming election

Anti-Bribery Act 2010
This act creates several new offences of:
• Bribing another person or a foreign official
• Being bribed
• A commercial organisation failing to prevent bribery
The offences carry a maximum penalty of 10 years imprisonment or an unlimited fine for employees, directors and commercial organisations.
 

For further information please contact Lianne Payne

This update is a provided as general guide only and is not a complete statement of the law. You should seek legal advice in relation to any particular employment law issue you may have. Accordingly we do not accept any liability for any reliance on any of the information provided.