Changes to regulations

Changes to enforcement of the NMW mean a new penalty for employers who underpay their workers and a method of calculating arrears that take into account the length of time arrears have been outstanding. There will also be more access to information for officers enforcing the NMW and Employment Agency Standards.

The Employment Act 2008 makes a change to trade union membership law that allows unions to expel or exclude an individual on the grounds of political party membership.

Statutory holiday entitlement will increase to 5.6 weeks (28 days for those who work a 5 day week) on 1 April 2009.

 

From this date the minimum entitlement will be capped at 28 days.

The right to request flexible working been extended to employees with parental responsibility for children up to the age of 16, rather than the age of six.

The amended flexible working regulations come into force on 6 April 2009.

These regulations are intended to provide a more efficient system for dispute resolution, which should be easier to use and enable disputes to be resolved earlier, with less lost time, expenses and stress.

 

The Department of BERR have produced a leaflet on avoiding and resolving discipline and grievance issues at work. Click here to download a copy.

Employment tribunal proceedings regarding payments relating to leave entitlement under certain working time regulations will be able to be heard by an employment judge sitting alone.

For more information on employment law changes click here.

The Local Better Regulation Office (LBRO) will be given statutory powers.

 

Originally a limited company, the LBRO promotes more consistency across local authorities in the way they enforce regulations and work with central government.

 

It is relevant to any business that trades over more than one local authority area, including small and medium-sized businesses such as franchisees or internet traders.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2009 correct some minor errors in the existing (2008) regulations and clarify the enforcement provisions.

 

They are relevant if you manufacture electrical and electronic equipment (EEE), import these goods in the EU or re-brand equipment produced by others.

DROs are intended to provide a debt remedy aimed at the financially excluded who have relatively low liabilities, little surplus income and few assets, and who are currently unable to access other forms of debt relief.

 

DROs will be delivered in partnership with the advice sector. Additionally, DROs will be administrative rather than court-based.

Insolvency practitioners will have the discretion to decide whether an advertisement is necessary to publicise an insolvency and will be allowed greater flexibility as to what form the advertisement may take.

Various statutory fees that are payable in connection with bankruptcy, winding up proceedings and DROs will increase.

 

The fee that licensed insolvency practitioners are obliged to pay will also be amended.

 

For more information see www.insolvency.gov.uk