2008 legal update
Although there are fewer legislative proposals firmly planned for 2008 than in previous years, there is plenty of reform under discussion (both in the UK and the European Union). With this in mind, 2008 is a year for employees to keep an eye on the government’s responses to recent consultations, writes Sadiq Vohra, a partner and employment law specialist at trade union law firm, MWR Solicitors.
The only proposals that are firmly set to come into force this year are the Corporate Manslaughter and Corporate Homicide Act 2007 and the Information and Consultation of Employees Regulations 2004.
Corporate Manslaughter and Corporate Homicide Act 2007
The introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 on April 6, 2008 may prove to be a legal landmark. The creation of the new offence of corporate manslaughter (corporate homicide in Scotland) will enable organisations to be prosecuted for any serious management failures that lead to or cause the death of its employees or others.
Information and Consultation of Employees Regulations 2004
April 6, 2008, will also see the extension of the Information and Consultation of Employees Regulations 2004. The Act gives employees the right, under certain circumstances, to request that their employer set up or change arrangements when it comes to informing them about issues in their workplace. Currently, the Act is only in place for organisations with more than 100 employees, but this will be extended to organisations with more than 50 employees in April.
Disability Discrimination Act
Should the European Court of Justice rule that disability discrimination ‘by association’ is covered by the Equal Framework Directive 2000, the Disability Discrimination Act in this country may need to be changed to comply with this. This will then protect people who, although not disabled themselves, suffer discrimination or harassment because of their association with a disabled person, whether it be a spouse, child, etc.
Employment Bill
Another major area of employment law that could potentially change this year is the Employment Bill. The Bill is designed to improve the effectiveness of employment laws and procedures. The Bill includes provisions on the following policy areas:
Dispute resolution: makes changes to the law relating to dispute resolution in the workplace. In particular, the Bill repeals the existing statutory dispute resolution procedures and related provisions about procedural unfairness in dismissal cases; confers on employment tribunals discretionary powers to amend awards if parties have failed to comply with a relevant statutory code; makes changes to the law relating to conciliation by Acas; amends tribunals’ powers by which they may reach a determination without a hearing; and allows tribunals to award compensation for financial loss in certain types of monetary claim.
It should also see the introduction of a penalty against all organisations that do not comply with the National Minimum Wage and changes to trade union memberships, such as the right to prohibit people who are or have been members of certain political parties, membership to the union. The Employment Bill is expected to come into force in Summer 2008.
National Insurance Contributions Bill
A change affecting certain employees with high salaries could come in the shape of the National Insurance Contributions Bill. This would see the upper earnings limit for National Insurance contributions raise bringing it into line with the higher rate income tax threshold.
Employment law issues in the European Union
One of the major employment law issues in the EU is the current reforms to the Working Time Directive and in particular, the option for any individual to opt-out from the maximum 48 hour average working week. This is still at the discussion stage but may develop further over the next 12 months.
Changes to maternity leave, paternity leave and state pensions
Other important changes to be aware of that are coming up in the next few years include the planned extension of paid maternity leave to 12 months and paid paternity leave of up to 26 weeks and also the number of years’ contribution required to achieve a full basic state pension reducing to 30 years for both men and women. These are all due for introduction in the next year or so but should only come into force in April 2010.
It is important that all employees and employers are aware of the legislation that has not only been passed but also those that are at the discussion stage. These Acts will affect your rights within your workplace and it is essential that you are aware of these rights. Such awareness may improve the bargaining position of the Union.
Contact Sadiq Vohra on 0800 731 0717 for further advice.
Email sadiq.vohra@mwrlaw.com
