EMPLOYMENT LAW BULLETIN JAN 10 | Oct 2009 | July 2009 | May 2009 | March 2009 | Dec 2008 | Oct 2008

Bulletin January 2010
New Statutory Right
From April 2010, the government plans to introduce a new statutory right, which allows employees to request time off to train. The scheme will operate on the same principles as flexible working and plug the gap between the skills employees have and the ones their employers want. The government has now confirmed this new right will be introduced in stages depending on the size of a business. For employers with 250+ staff it comes into force from April 2010. For employers with fewer staff this won’t affect them until April 2011 at the very earliest. This right will only extend to “relevant training”, i.e. where it would lead to an accredited qualification, or develop a specific skill needed for a role.

As with the right to flexible working, an employee will be eligible only if they’ve been continuously employed by a company for 26 weeks. They can also only make one request in any twelve-month period. Where they meet these criteria, you would need to discuss it with them and decide if it’s suitable.

This is only a right to request time off - not to actually have it. Provided you have a good business reason (the same as in flexible working requests) you can block it, e.g. they’ll be away for longer than you can accommodate. The employer is not expected to fund any training or pay them whilst they’re off.

Jubilee Bank Holiday
There will be an extra bank holiday to mark the Queen’s Diamond Jubilee and this will be on Tuesday 5 June 2012. To form a long weekend of celebration, the late May bank holiday will be moved to Monday 4 June.

Time off for Trade Union duties and activities
On 1st January 2010, ACAS introduced a new Code of Practice on time off for trade union duties and activities. The code replaces an earlier code and provides guidance on dealing with time off for trade union representatives. It contains information on time off for training, the responsibilities of employers and trade unions and agreements on time off.

Statutory Compensation Rates
On 1st February 2010, two statutory payment rates will be reduced. The maximum amount for unfair dismissal falls from £66,200 to £65,300 and statutory guarantee payments fall to £21.20 instead of £21.50. The reason these amounts are decreased this year is due to a fall in the Retail Price Index.

The Agency Workers Regulations 2010
The Draft Agency Workers Regulations 2010 regulations are expected to be passed by the government in the near future, and certainly before the end of the current Parliament. The regulations will implement an EC Directive from November 2008 on temporary agency work.

The effect of the regulations will be to ensure that after 12 weeks in a given job, agency workers will be entitled to equal treatment on basic working and employment conditions, including pay and holidays, as if they had been recruited directly by the employer. In addition, from the first day of their assignment agency workers will be entitled to (i) information about vacancies in the employer to give them the same opportunity as other workers to find permanent employment; (ii) equal access to on-site facilities such as child care and transport services; (iii) additional rights for new and expectant mothers including right to reasonable time off to attend ante-natal appointments and adjustments to working conditions and working hours.

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.