1st February 2007

AGE DISCRIMINATION

 From 1 October 2006 it became  unlawful for  employers in England, Scotland and Wales to discriminate against employees, trainees or job seekers on the grounds of  age. New regulation protects an individual  from being discriminated because of their age . This means that  older workers have the same rights as younger workers and vis versa. However, differences of treatment on the grounds of age may sometimes be justified. Employers can no longer force someone to retire before the age of 65 unless objectively justified where there is a genuine occupational requirement. If an employer is considering  retiring  someone he/she must inform the employee in writing at least six months in advance.  If an employee requests not to retire then the employer has “a duty to consider” that request.  There is no longer an upper age limit for unfair dismissal and redundancy.

MINIMUM WAGE

Minimum wage has been increased form 1 October 2006 to:

·       22 and over - £5.35 an hour

·       18-21 - £4.45 an hour

·       17-16 - £3.30 an hour

 The development rate for workers age 22 and over was abolished for pay reference.

MATERNITY LEAVE

Work and Families Act 2006 introduces new changes to Maternity and Paternity leave as well as to flexible and carers working.

From 1^st April 2007 all female employees, regardless of the length of service will qualify for the Additional Maternity Leave. Statutory Maternity Pay will also increase form 26 weeks to 39 weeks (9 months).

 Under the new provisions the notice a female employee must give  if she is changing her date of return from maternity leave has been increased from 28 days to 8 weeks.

 There are also introduced  optional 10 “keeping in touch” days, enabling a woman to work for up to 10 days under her contract of employment during her maternity leave period.

 Fathers will be entitled to both Additional Paternity Leave and Statutory Pay providing that the  mother returns to work before the end of  her  Additional Maternity Leave.

NEW COMPENSATION LIMITS

 From 1 February 2007 new limits for various claims in Employment Law will apply:

·       A week’s pay currently £290 will increase to £310.

·       Maximum compensatory award for Unfair Dismissal currently £58,400 will increase to £60,600.

·       Minimum basic award for Defined Dismissals currently £4,000 will increase to £4,200.

 FLEXIBLE TIME FOR CARERS

New provisions are due to come in force on 6 April 2007. Definition of carer will cover any employee who is or expects to be caring for an adult who:

·       Is married to or is the partner of the employee.

·       Is “near relative” of the employee.

·       Falls in neither category but lives at the same address as the employee.

 GENEDER EQUALLITY DUTY

The gender equality duty will be effective as of 6 April 2007 and will sit along side to similar statutory duties which aim to eliminate race and disability discrimination within public bodies.