Changes to employment law 2011
Stay up to date with changes to employment law that affect your business in 2011. We will update this as more information becomes available. Read more about general business regulation changes coming up in 2012.  
    

Default retirement age scrapped

 
March 2011
 
The last day that employees can be compulsorily retired using the Default Retirement Age (currently 65) was 30 September 2011, so the last day to provide six months' notice required by the default retirement age provisions was 30 March 2011.
 
After this date, employers cannot prescribe a compulsory retirement age, unless it can justify it as "a proportionate means of achieving a legitimate aim".  
 
For more information, members can call our helpline on 0845 130 1722. 
  

Paternity leave changes come into effect

 
3 April 2011
 
In April 2010, changes were made to paternity leave that meant that mothers are able to transfer up to six months of their maternity leave to fathers, to give parents additional choice and flexibility as to how they use maternity and paternity leave.
 
This law started to take effect for children due on or after 3 April 2011. 
 

Statutory maternity, paternity and adoption pay

 
3 April 2011
  
The standard rate of statutory maternity, paternity and adoption pay increases from £124.88 to £128.73.
  

Statutory sick pay increase

 
6 April 2011
 
The standard rate of statutory sick pay increases from £79.15 to £81.60 per week
 

Positive action provisions of the Equality Act

 
6 April 2011
 
The provisions of Section 159 of the Equality Act 2010, which permit employers to treat individuals with a protected characteristic more favourably than others in connection with recruitment or promotion, came into force. This applies only to candidates of equal merit and the more favourable treatment must enable or encourage an individual to overcome or minimise a disadvantage, or participate in an activity where he or she is under-represented in that activity.
 

Bribery Act

 
1 July 2011
 
The Bribery Act 2010 introduced new anti-corruption legislation that aims to promote anti-bribery practices among businesses of all sizes, meaning it will affect all employers in the UK.
 
The part of the Act that most concerns businesses is a new corporate offence of failing to prevent bribery, which applies to businesses and partnerships which are either incorporated in the UK or which conduct business, or part of a business, in the UK. The penalty for businesses is an unlimited fine, with the penalty for individuals a maximum of 10 years' imprisonment.
 

Equal treatment for agency workers

 
October 2011
 
The Agency Workers Regulations 2010 gives agency workers the same basic employment conditions as direct employees after 12 weeks in a job.
 
 

To be confirmed ...

 
Registration with the Independent Safeguarding Authority (ISA)
The ISA was created to help prevent unsuitable people from working with children and vulnerable adults.
 
It had been expected that voluntary registration with the ISA was going to be completed by July 2010, with full registration rolled out by the end of the year, but this has yet to happen.
 
The Government is set to review the ISA and the vetting and barring scheme as a whole, so we can expect an announcement from them on its future in the next year.
 
Right to request 'time to train' for organisations with fewer than 250 employees
Last year, the Apprenticeships, Children and Learning Act 2009 introduced a statutory right to make a request in relation to study or training for employees in organisations with 250 or more employees – and this April it's the turn of businesses with fewer than 250.
 
All employers will be obliged to seriously consider requests they receive from their staff, but will be able to refuse where there is a good business reason for doing so.
 
Note: This law change was meant to take effect on 6 April 2011, but the Government has announced that they will delay its implementation, following a recent consultation with businesses and employee groups.
 
Flexible working for parents of children under 18
Currently, the right to request flexible working is available to parents of children aged under 17, parents of disabled children under 18 and carers of certain adults. From 6 April 2011, this legislation was meant to be extended to employees who are parents of children under the age of 18, but this proposal has been put on hold.