What's new in employment?

A number of employment related changes have come into force this week. Below are some key changes that both employers and employees should be aware of. 

Time off for training - Employees of organisations with more than 250 employees have been given a new right to request time off for training. The employee must have 26 weeks' service, the training must be work relevant, and the right is to request only, not to be granted the time off. However, as with flexible working, the employer must have good business reasons for refusing a request and a failure to comply with the request procedure can result in an award of eight weeks pay. Given that the time off is unpaid, the uptake may be fairly limited. However, employers should nevertheless ensure that they have the correct procedures in place to deal with requests. The right will be extended to all employees from 6 April 2011.

Fit notes – the new "fit note" regime has come into force, allowing doctors to specify what the employee can do at work rather than just signing them off sick. Whether this will help employers better manage employee absence remains to be seen.

Whistleblowing claims passed to regulators – Employment tribunals will be given the power to pass on details of whistleblowing claims to relevant regulators. This will apply to all claims submitted on or after 6 April 2010 (where the claimant employee has indicated their consent on the claim form.) The new power has the potential to increase employees' leverage against employers and may force employers to settle before a claim is issued and passed to a regulator.

Additional paternity leave – regulations have come into force allowing fathers to take additional paternity leave if the mother goes back to work before the end of her maternity leave (provided the mother has used up at least 20 leave.) The father will be entitled to be paid paternity pay at a flat rate for the remaining period, if any, that the mother would have been entitled to statutory maternity pay. Additional paternity leave will only apply to babies due (or children placed for adoption) on or after 3 April 2011. In the meantime, employers are well advised to familiarise themselves with the changes and review handbooks and policies to ensure the changes are incorporated.

New rates - The flat rate for statutory maternity, paternity and adoption pay has increased from £123.06 per week to £124.88. Statutory sick pay remains unchanged at £79.15.

Equality Bill – the long awaited Equality Bill, which consolidates existing discrimination laws and introduces some new discrimination concepts, has now passed through Parliament and is expected to receive Royal Assent in the next few days. This significant piece of legislation is likely to come into force in October 2010.

To to discuss how these changes affect you, or to find out more about the procedures you need to put in place please contact Joanna Blackburn.