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Dear Peter,
1 October is one of the two dates in the year which is ear-marked by the Government for the introduction of new employment legislation. This year sees just some relatively minor changes and the ones most likely to affect small businessess are outlined in this month's newsletter.
Feel free to contact me if would like any more information about any of these news items.
Why not forward this email to any of your contacts who might find it of benefit?
Regards
Peter Etherington  Tel: 01664 430373
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| Pay-rise for your staff? |
| National Minimum Wage Rates Increase |
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The National Minimum Wage hourly rates increase from today as follows:
16-17 year olds - £3.40
18-21 year olds - £4.60
22 and over - £5.52
(N.B. The National Minimum Wage age bands have been specifically exempted from the provisions of the Age Discrimination Regulations)
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| More holiday for your staff? |
| Statutory Holiday Increase |
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From today workers are entitled to at least 24* days leave per year (including bank holidays, if they are granted as paid time off). This is an increase of 3 days. If your holiday year does not start on 1 October (and most of them don't), you may need some help calculating how this increase should be incorporated into your terms and conditions.
Statutory leave increases again on 1 April 2009 to 28* days per year.
* Based on a 5-day working week. Entitlement is increased or decreased pro rata for someone working a longer or shorter week. |
| A new champion for your staff? |
| The new Equality and Human Rights Commission |
| From today the Equality and Human Rights Commission is open for business. This organisation replaces the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission. Its remit is extended beyond that of sex, race and disability equality to include all the newer protected areas of discrimination (religion and belief, sexual orientation and age), as well as the over-arching aim of protecting human rights. It is likely, therefore, that in the coming months we will see an increase in awareness among staff of their rights (assuming the Commission does its job well), so it is more important than ever that you check your policies and practices to ensure they are free of discrimination.
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| Can you effectively enforce your workplace rules? |
| Take care when enforcing the smoking ban |
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A Scottish tribunal recently dealt with an unfair dismissal case (Smith v Michelin Tyre plc) in which the employee had been dismissed for gross misconduct after a one-off offence of smoking in the workplace. This was after the national ban on smoking in public places had been introduced in Scotland (in 2006). Whilst the dismissal was found to be fair, this case is interesting because of the amount of scrutiny that the employer was put under by the tribunal. Fortunately the employer had communicated extensively with its workforce regarding the incoming ban, it had held staff meetings to specifically address this issue, and had written to all staff making it clear that a breach of the ban by staff could result in dismissal. Had they not taken these steps the tribunal may well have found that the dismissal was unfair as the employee had 12 years' service and an otherwise unblemished record; because this was a one-off offence; and because the employee had been smoking in a doorway (he could have moved just a couple of feet to have been in a safe area to smoke).
If you have strict rules in your workplace it is important that you can demonstrate that you have made staff well aware of them and that they are clearly understood. A basic induction for new staff, combined with a good communications strategy in the event of new rules or changes in rules, are essential. |
