BULLETIN FEBRUARY 2011 - NEXT UPDATE DUE FEBRUARY 2012

New statutory Paternity Leave
In April there will be a major change to maternity and paternity leave provisions.
Fathers of children or the current spouse or partner of the child's mother, with an expected week of birth beginning on or after 3 April 2011 will be allowed up to 26 weeks' additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. This will be known as additional paternity leave. Once the mother has returned to work, the father or partner of the mother can start their leave and pay any time.
• from 20 weeks after the child is born
• from 20 weeks after the child was placed for adoption
This is in addition to the current arrangement of ordinary paternity leave which comprises of 1 or 2 weeks leave within 56 days of the baby being born.
There may also be an entitlement to Additional Statutory Paternity Pay.

Right to request flexible working
The right to request flexible working will be extended to parents of children under the age of 18 on 6 April 2011. It currently applies to parents of children under the age of 17, or 18 if the child is disabled.

Abolition of default retirement age
One of the biggest legal changes employers will have to contend with in 2011 is the abolition of the default retirement age (DRA). Although the DRA will not be completely abolished until 1 October 2011, transitional arrangements will come into force from 6 April 2011.
During the six-month transitional period employers will be unable to issue new notifications of retirement but those already in motion before 6 April can continue through to completion if:
• a notification of retirement is issued by the employer prior to 6 April 2011;
• the date of retirement is before 1 October 2011; and
• the requirements of the statutory retirement procedure are met.
The default retirement age will be completely abolished on 1 October and employers will be prohibited from retiring employees by means of the default retirement age from this date.

Additional Bank Holiday
With the Royal Wedding planned for Friday 29th April, the Government has announced a bank holiday on that day. There is also an extra bank holiday planned for 2012 to celebrate the Queen’s Diamond Jubilee. So what are employee’s rights to these additional bank holidays?
Under the working time Regulations 1998 all workers are entitled to 5.6 weeks holidays which equates to 28 days for as full time worker and part timers receive the equivalent on a pro rata basis. However the announcement of this “one off” bank holiday doesn’t automatically mean that employees can take the day off as paid leave! In general if a contract says – “you are entitled to 5.6 weeks holidays inclusive on public and bank holidays” – there is no additional entitlement. Some contracts may say a minimum of 5.6 weeks plus bank hols then they’ll automatically get extra day.
The way the holidays fall mean that some staff may want to take the 3 days in between so they get a longer break so make sure you communicate your arrangements in advance.
There are mixed comments in the media with the GMB union criticising employers who refuse to give staff the day off. The Federation of Small Businesses has said that it is unsure what all their members are doing & it will depend on whether they can afford it.
It is worth remembering that the government have given the additional bank holiday to allow “the entire country to celebrate the Royal Wedding” and to give your staff the time off would be gesture of goodwill.

New Statutory Payment rates from April
Statutory Sick Pay (SSP) increases from £79.15 to £81.60
Statutory Maternity / Paternity Pay increases from £124.88 to £128.73.
If you need any further information on any of the above points or any other aspects regarding the employment of staff, please do not hesitate to give either Jannette or myself a call.

Disclaimer. The purpose of this briefing is to give a brief introduction to current topical issues on employment law. Although every effort has gone into providing accurate, relevant and up to date information, it must not be relied upon as giving sufficient advice in any specific case. Professional advice should always be taken, before any decision is reached on matters relating to the employment of staff and their rights.