Kent Firms Must Face Up To New Employment Law Changes

18 January 2007

Businesses in Kent should wise up on some key changes in employment law this year, warns Andrew Masters of leading south east law firm Furley Page.

Andrew, a partner in the Furley Page employment team, said: “2007 is going to be busy with new legislation in several important areas affecting the workplace. Many of the changes come into force in April.”

On the family front, new parents get a boost in the shape of more paid maternity - and adoption - leave. From April 1, this rises from 26 to 39 weeks. (In the long term paid leave is expected to increase to 12 months by 2010 with additional paternity leave rising to six months – payable at statutory rates - if the mother returns to work early.)

From this April, all pregnant employees will qualify for 12 months maternity leave, regardless of length of service. A new concept - ‘keeping in touch days’ - allows women on maternity or adoption leave to return to work for up to 10 days without losing their statutory payments. Employers will also be entitled to make ‘reasonable contact’ with employees while they are on leave.

It’s anticipated that these reforms will assist the return to work following the period of leave.

Employees who are carers of spouses, partners, civil partners, close relatives or people living at the same address get new rights from April, too. Employees in this category can request flexible working similar to the way parents of young or disabled children have since 2003.

Since April 2005, employees in businesses with 150 or more staff have seen an increase in information and consultation committees which are consulted at the planning stage on workplace issues affecting the business and employees. From this April this will apply to businesses with 100 or more staff and in April 2008 to businesses with 50 or more.

“It’s significant that in recent years this legislation has triggered the growth of staff associations, works councils and employee representative groups,” says Andrew.

Other changes include:

• The Equality Act means that from April, public sector bodies will be required to identify gender equality goals; develop, publish and review a policy on equal pay arrangements, and assess the impact of new legislation.
• From July 1, smoking will be banned in enclosed places including offices, factories, pubs and bars, and most workplaces. Businesses that don’t enforce the ban will face fines of up to £2,500.
• The Commission for Equality and Human Rights launching in October is expected to have an increasing influence in the workplace. In addition to race, gender and disability it will take responsibility for human rights issues and the newer laws outlawing discrimination on the grounds of age, religion or belief, and sexual orientation.
• Depending on the economic climate, the national minimum wage might increase in October. The current rates are: adult (22 and over) £5.35; development (18 – 21) £4.45 and young workers (16 and 17) £3.30. The TUC has lobbied for an increase in the adult rate to £6 by October 2008 an for the development rate to be scrapped, thus reducing the qualifying age for the adult rate to 18.

For more information on employment law changes contact  Andrew Masters.

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