News

RECENT CHANGES –
ESSENTIAL GUIDE FOR EMPLOYERS –
Brought to you by Sally Lomas Fletcher - Samuel Phillips Law Firm,
In general, the Department for Business, Enterprise and Regulatory Reform (BERR) introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are (on the whole) effective from April 2009.

At Samuel Phillips we will publicise the changes that become effective in October 2009 in our September edition of our monthly employment law update, to subscribe e-mail Sally Lomas Fletcher – sallyfletcher@samuelphillips.co.uk

From End March 2009

New points-based immigration system

Phase two of the Government’s Tier 4 implementation plan for a new points-based immigration system covering students, came into effect at the end of March 2009. This requires students applying to come to the UK to be assessed under the new points system. All education providers wishing to sponsor potential students must now have a licence from the Border Agency.

from 1 April 2009

Minimum statutory holiday entitlement increased

The statutory entitlement to paid holiday went up from 24 days per year to 28 days.

from 5 April 2009
Increases to statutory maternity, paternity and adoption pay

The standard rate of statutory maternity, paternity and adoption pay increased from £117.18 to £123.06 per week (paid after the first six weeks).

All from 6 April 2009
Changes to trade union membership rules

Section 19 of the Employment Act 2008 states that a trade union has the right to expel or exclude an individual on the basis of their membership or former membership of a political party. These changes were introduced following a judgement of the European Court of Human Rights (ASLEF v UK).


Repeal of the statutory dispute resolution regulations

The Employment Act 2008 (Commencement No.1 and Transitional Provisions and Savings) Order 2008 repeals the statutory dispute resolution regulations and restores the law on unfair dismissal to how it was before the regulations were introduced.

Increased penalties for failure to pay national minimum wage

The Employment Act 2008 also clarifies and strengthens the enforcement framework for the National Minimum Wage

Introduction of revised ACAS Code of Practice

The revised statutory ACAS code of practice on disciplinary and grievance procedures becomes effective which allows tribunals to adjust awards up or down by up to 25 per cent in the event of a breach of the code.

Statutory sick pay increases

Statutory sick pay increased from £75.40 to £79.15 per week.

Extension to right to request flexible working

The right to request flexible working is extended to parents of children up to the age of 16.

Samuel Phillips can provide employers with a wide range of support.
Visit our website samuelphillips.co.uk and subscribe to our regular updates to keep abreast of all legislative changes affecting employment in the UK.


Sally Lomas Fletcher is a member of both the Employment Lawyers’ Association and the Newcastle upon Tyne Employment Tribunal User Group. Tel. 0191 2328451