New Employment Laws in 2008


The good news is that there are only a small number of legislative changes planned for 2008. There are however some important developments coming down the track. Stacey Leonard offers this short summary:

 

Employment Rights (Increase of Limits) Order 2007 comes into force . The Order increases the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation such as statutory redundancy pay. More details in Hot News.

 

29 February 2008 - The Immigration (Restrictions on Employment) Order 2007 comes into force.

Employers will become liable for fines of up to £10,000 for employing illegal workers and will face prosecution under a new criminal offence of knowingly employing illegal workers.  Employers will need to carry out specified document checks at the point of employment and also make specified checks at various intervals for migrant employees who have a defined leave to enter or remain in the United Kingdom. The definition of the fine will depend on the effort the employer has made. For more information about the checks employer's need to make  see our October 2007 newsletter or contact theresa@hradvantage.co.uk.

 

6 April 2008 - The Information and Consultation of Employees Regulations 2004 are extended The Regulations are extended to include undertakings with between 50 and 150 employees. Bigger organisations are already covered. Expect lots of publicity in the run to this in March. You don't have to do anything - but you might want to. Contact Stuart on stuart@hradvantage.co.uk for more information.

 

6 April 2008 - The Corporate Manslaughter and Corporate Homicide Act 2007 will introduce a new offence of corporate manslaughter. Organisations will be prosecuted if the way their activities are managed leads to a person?s death and amounts to a gross breach of a duty of care.

 

April 2008 - Sex Discrimination. Expect an update to some definitions describing harassment and employers duties to staff on maternity leave. The Government didn?t get them right in the changes it made in 2005.  

 

Autumn 2008 - A new centralised vetting system for people working with children and vulnerable adults comes into force. The Safeguarding Vulnerable Groups Act will introduce a centralised vetting system for people banned from working with children and vulnerable adults. Employers will be able to make checks online, with information updated straight away when any individual is added to the list. Employers will be informed where possible if an individual becomes barred. There will be fines of up to £5,000 for employers that knowingly employ individuals on the list or fail to make the relevant checks.

 

Legislative Reviews During 2008

Last year's Queen's speech referred to a review of the employment bill. This will revoke the statutory dispute resolution procedures. It is proposed that they will be replaced with a code of practice covering workplace disputes, and giving tribunals the power to increase or reduce compensatory awards if the code is not complied with. There is more information in a separate article in this Newsletter.

 

The government has also said it intends to extend the right to request flexible working to parents of older children. An independent review into how the extension should be introduced is expected to report back in the spring of 2008 and will be followed by a consultation. Currently the right applies only to parents with children under six years (under 18 if the child is disabled).

 

In addition there will be the usual developments created by new tribunal and court rulings. We'll give updates 'as and when'. In the meantime, for more information on any current or intended legislation please contact Campbell on 01494 451681 or e-mail campbell@hradvantage.co.uk or talk directly to our in-house employment lawyer Stephen Finn: stephen@hradvantage.co.uk

 



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