Employment Law Updates

[Employment Law Services]

HI Everyone - just thought I'd give you all a 'heads up' about some changes to the current employement legislation that are due to come into play from April.

1. Statutory annual holiday entitlement will increase from 4.8 weeks to 5.6 weeks from 1 April. For a five day week worker this is an increase from 24 to 28 days per annum. The flat rates of statutory maternity, paternity, and adoption pay will increase to £123.06 per week (or 90% of average weekly earnings if less) from 6 April. The flat rate of Statutory Sick Pay will increase to £79.15 per week from 6 April.
   
   
2. A revised Acas Code of Practice will replace the statutory procedures and employment tribunals will be able to alter awards by up to 25% where an employer or employee unreasonably fails to comply with the code.
   
   
3. The right to request flexible working will be extended to parents of all school age children.

G

 

[profitxchange]

Its worth registering at HR strategy, recruitment, employee benefits and learning and development from HR Zone for their newsletter. they also have a q&a facility that I have found very useful. (no connection)

 

[Employment Law Services]

That's one option - if you want to deal with a Scottish company you could signup to our free Newsletter or check out our blog

EmployEasily HR Services

:001_smile:

 

[profitxchange]

As I am from south of the border, are there differences in Scotland? It will make me more caution in contributing

 

[Employment Law Services]

As I am from south of the border, are there differences in Scotland? It will make me more caution in contributing

In terms of employment legislation there are no differences between Scotland and England.

As this is the 'Scottish Buisiness Forum' I just thought I'd suggest using a Scottish Company. :001_smile:

 

[Scottish Business Owner]

Hi Intrepid,

Can the 28 days per annum include public holidays or are these seperate?

I think that would be a useful point to clarify

 

[profitxchange]

My understanding has been that holiday entitlement is inclusive of public holidays.

I seem to think that statutory holidays lost that status a while back.

The acas website is always worth a look as they are deemed to be the authority. Acas - How can we help? one can also give them a call if you have a question - its free.

 

[Employment Law Services]

Hi Intrepid,

Can the 28 days per annum include public holidays or are these seperate?

I think that would be a useful point to clarify

Aplogies for the delayed response..been dying with man-flu for the last few days!

Public Holidays CAN be included in the 28 day entitlement.

There is a minimum right to paid holiday, but employers can offer more than this if they want but should ensure this is detailed in the employee's contract of employment / company handbook.

Here are some key things employers should know about holiday rights:

• Employees are entitled to a minimum of 5.6 weeks from 1 April 2009
• Staff working part-time are entitled to the same level of holiday pro rata (so 5.6 times their usual working week from 1 April 09)
• Employees start building up holiday as soon as they start work
• Employers can control when you take your holiday
• Employees get paid their normal pay for holidays
• If an employee leaves, they should get paid for any holiday they've accrued but not taken
• Bank and public holidays can be included in your minimum entitlement
• Employees continue to be entitled to holiday leave throughout their ordinary leave as well as during additional maternity or paternity leave or adoption leave

 

[Employment Law Services]

My understanding has been that holiday entitlement is inclusive of public holidays.

I seem to think that statutory holidays lost that status a while back.

The acas website is always worth a look as they are deemed to be the authority. Acas - How can we help? one can also give them a call if you have a question - its free.

Spot on profitxchange! ACAS is a great resource and they are certainly able to supply people with the latest information and independant advice on employment legislation issues but primarily they are involved in mediation when things go wrong.

Unlike ACAS, our primary role is to provide commercially focused HR advice and support that provides Employers with a combination of options that outline both the benefits and risks so they can make informed HR decisions that comply with current employment legislation when necessary.

Of course prevention is the best approach so we help businesses to make a direct connection between the value their employees offer and their organisation's bottom line by helping them to align their HR strategy with their overall business strategy.

 

[Dave Stallon]

A very important one to note is that holiday pay is still accrued even if the employee is off on the sick...I have been caught by that one..
Regards to all
Dave