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Developments in employment law from April 2008

01 April 2008

In brief...

An overview of the developments in employment law to take effect in April 2008

For further information on any of the updates below, contact our employment team on 01753 279 029 or email employmentlaw@bpcollins.co.uk

1 April

Immigration: entry clearance application fees

The provisions relating to fees for entry clearance applications contained in Regulation 2(11) of the Immigration and Nationality (Fees) (Amendment) Regulations 2008 come into force.

EHRC: statutory duties

Deadline for the Equality and Human Rights Commission to comply with its race, disability and gender equality statutory duties under the Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) (Amendment) Order 2007.

6 April

Amendments to the Sex Discrimination Act 1975

The Sex Discrimination Act 1975 (Amendment) Regulations 2008 amend the Sex Discrimination Act 1975 (SDA) to widen the definition of sexual harassment and make employers liable in certain circumstances for the harassment of an employee by a third party. The regulations also amend the definition of discrimination on grounds of pregnancy or maternity, to remove the need for a formal comparator of any kind.

Pregnant employees whose expected week of childbirth starts on or after 5 October 2008 benefit from increased rights during additional maternity leave and, for the purposes of any pro rata discretionary bonus apportionment, will be treated as having been at work during any compulsory maternity leave period.

Amendments to the Sex Discrimination Act 1975: goods and services

The Sex Discrimination (Amendment of Legislation) Regulations 2008 (subject to the approval of both Houses) comes into force, amending the Sex Discrimination Act 1975, in order to implement the EC Gender Directive in the provision of goods and services.

Amendments to the Employment Equality (Age) Regulations 2006

The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 will come into force, making two changes.

First, where a transfer of government functions is effected through legislation, continuity of employment of the transferring employees will be preserved for the purposes of regulation 32 (which provides that certain benefits dependent on length of service will not be unlawful if they discriminate on grounds of age).

Second, the Employment Act 2002 (Dispute Resolution) Regulations 2004 will be amended to allow an extension of time to submit a claim where an statutory dispute resolution procedure applies, a provision whose absence had previously been overlooked.

Disability equality duty: public authorities

The Disability Discrimination (Public Authorities) (Statutory Duties) (Amendment) Regulations 2008 will come into force, extending the list of public authorities to which the disability equality duty applies.

Information and consultation obligations

The Information and Consultation of Employees Regulations 2004 will be extended to apply to employers with 50 or more employees.

Revisions to SSP, SMP, SPP and SAP rates

The Social Security Benefits Up-rating Order 2008 will come into force, increasing statutory sick pay from £72.55 to £75.40, and the prescribed rate of statutory maternity pay, statutory paternity pay and statutory adoption pay from £112.75 to £117.18.

National insurance limits and thresholds

The Social Security (Contributions) (Amendments) Regulations 2008 will come into force, increasing the lower earnings limit to £90, the upper earnings limit to £770 and the primary and secondary threshold to £105. Conduct of Employment Agencies and Employment Businesses The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 will come into force in England, Wales and Scotland, increasing protection for those seeking work and reducing regulatory burdens faced by employment businesses. A similar set of regulations will also come into force in Northern Ireland.

Occupational and personal pension schemes

The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, which introduce a requirement for employers to undertake consultation before making changes to occupational and personal pension schemes, will be extended to cover undertakings with 50 or more employees.

Disclosure requirements for directors' remuneration

The Small Companies and Groups (Accounts and Directors' Report) Regulations 2008, which sets out requirements for the disclosure of cash-based remuneration in small companies and groups, will come into force.

• Corporate manslaughter and corporate homicide

The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force, creating a new criminal offence of corporate manslaughter, replacing the common law offence of manslaughter by gross negligence for companies and other organisations.

Companies Act 2006

Various provisions of the Companies Act 2006 will come into force, including the following:

• Private companies will no longer be required to have a company secretary, although they may still choose to have one.

• New provisions for the execution of documents by companies.