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Dear Subscriber,
Please note that Peter Etherington Employment Law Services Ltd has moved. Phone numbers and email are the same; the new address is on our contact page.
The new Equality Act has just received Royal Assent and many of its provisions will come into force in October. The new rates and some changes to the National Minimum Wage have also recently been announced to take effect in October. Finally, we have confirmation that Additional Paternity Leave will apply for any parents expecting a baby next April or later.
Please contact me if you would like to find out a bit more about any of these issues. If you need any help or advice why not take advantage of my free initial consultation.
Please forward this email to any of your contacts who might find it of benefit.
Regards
Peter Etherington
Tel: 01664 430373
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| The Equality Act 2010 |
| A New Act to Replace and Extend all existing discrimination legislation |
The main provisions of the new Equality Act will take effect from 1 October 2010 and will replace all the current legislation covering discrimination related to sex, race, disability, age, religion or belief, and sexual orientation. There are also a number of new measures which are introduced by this Act. Many of them relate to public bodies (such as local authorities and schools) and to employers with 250 employees or more, but there are some measures which will be relevant to all employers, as follows:
Pay privacy - employers will no longer be able to rely on any clauses in their contracts which state that employees may not discuss their pay with other employees. Employers will also be in breach of the new law if they victimise employees in any way for sharing this sort of information with colleagues.
Positive Discrimination - when recruiting, employers will be permitted to choose a candidate from an under-represented group where there are two candidates who are otherwise equally qualified (although this measure may not survive the general election).
Health Screening - employers will not be able to ask job applicants questions about their health prior to making a job offer (or in some limited cases at the short-listing stage). There are some exceptions to this rule which are related to establishing whether the application will be able to carry out a particular function which is an essential element of the job and also to establish whether the employer needs to make any adjustments to the recruitment process to accommodate any disability.
Discrimination by association - employees will be protected from discrimination even if they are not from the particular protected group. For instance, it will be unlawful for an employer to discriminate against an employee on the grounds of disability where it is the employee's relative who is disabled.
Discrimination by mistake - it will make no difference whether or not the employee who is subject to discriminatory treatment is from the particular protected group. For instance, if a straight employee is subject to homophobic harassment by colleagues because they mistakenly believe him to be gay, he will still be protected under the law. |
| National Minimum Wage |
| New Rates from October 2010 |
The National Minimum Wage rates will increase on 1 October 2010 from:
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£5.80 to £5.93 an hour for workers aged 21* and over
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£4.83 to £4.92 an hour for workers aged 18 to 20*
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£3.57 to £3.64 an hour for workers aged 16 and 17
* At the moment, the higher rate only applies to those 22 and over.
Apprentices under 19 and those over 19 but in the first year of their apprenticeship will now be covered by the National Minimum Wage; the rate will be £2.50 per hour. Currently all apprentices must be paid at least £95 per week, irrespective of hours worked. |
| Additional Paternity Leave |
| New Rules for Mothers and Fathers |
As expected, the new Regulations for Additional Paternity Leave have now been passed and apply to all parents of children due or placed for adoption on or after 3 April 2011. Mothers will be able to return to work from maternity leave after 6 months and transfer the remaining 6 months of their maternity leave to the father. The father will then receive 3 months' paid leave (at the statutory rate - currently £124.88 per week) followed by 3 months' unpaid leave.
Fathers will still also be entitled to 2 weeks' Paternity Leave to be taken within the 8 weeks immediately following the birth or placement. |