Just as we get to grips with changes introduced in April, more are upon us! The government has made promises to go easy on employers during these difficult economic times but the legislation and reviews of current legislation keep coming.
The Bribary Act
The Bribery Act finally came into force on 1 July 2011. The act introduces a new corporate offence of failing to prevent bribery by individuals acting on behalf of an organisation. Company directors can receive criminal penalties and the only defence available to employers is to demonstrate that they have ‘adequate procedures’ in place to prevent bribery and corruption. All organisations need to implement procedures to prohibit bribery and make the consequences clear to employees.
Agency Worker Regulations
The controversial agency workers regulations comes into force on 1 October 2011. They will give extensive rights to agency workers. In essence, an agency worker will be entitled to receive the same basic employment conditions as the employer’s permanent employees after they have worked in a role for 12 weeks. Agency workers will also be entitled to equal access to onsite facilities and information on permanent employment vacancies from the start of their assignment. the regulations carry with them harsh penalties for their breach. Anyone with agency workers needs to get to grips with the new legislation.
National Minimum Wage
Despite the current economic difficulties, the national minimum wage is increasing from 1 October 2011. The standard adult rate will increase from £5.93 per hour to £6.08 per hour. The rate for 18 to 20 year olds will increase to £4.98 per hour and the rate for young workers (under 18 but above the compulsory school age) will rise to £3.68 per hour.
Legislation on Hold or Under Review
The government is currently reviewing what existing legislation can be scrapped, merged, simplified or improved. The following legislation is already subject to change:-
- The Equality Act
The government has announced that various sections of the equality act will not now be brought into force including the third-party harassment provisions. These provisions currently require employers to take reasonable steps to protect employees from third-party harassment which the government considers to be unworkable.
- Flexible Working
The right to request flexible working was to be extended to parents with children under the age of 18 from april 2011. The government changed its mind on this extension and is now proposing to extend flexible working to all employees. The timescale for the implementation of this far-reaching change is not yet known.
- Right to Request Time off for Training
Lastly, some respite for employers! The right for employees to request time off work to undertake study or training has applied to employers with 250 or more employees since 6 april 2010. This was due to be extended to all employees, regardless of the size of their employer, from this year. The government has decided to delay extending the right to scrutinise the potential impact on smaller employers.
If these issues affect your business and you would like to know more, we are holding an employment law update seminar at betty’s tea rooms, Parliament Street, Harrogate on Wednesday, 21 September 2011. Please email pauline.sellers@raworths.co.uk for further information.
Sally Togher is a solicitor in the Employment Law Unit. If you need any help on any Employment law issues, contact raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF or contact deborah.boylan@raworths.co.uk or sally.togher@raworths.co.uk
