As recruitment experts, we have to keep on top of the latest legislation that affects employers.
NEW: Employees’ right to request time off for training
The Government plans to introduce a new ‘right to request time off for training’, modelled on the current ‘right to request flexible working’. Employers will be obliged to consider requests, but will be able to refuse a request where there is a good business reason. There is to be a consultation about the details of the proposal.
EXTENDED: Employees’ right to request flexible working
The Government intends to extend the ‘right to request flexible working’ to parents of children up to age 16. Employees currently able to make flexible working requests include: parents of children under 6 or disabled children under 18; or those with adult dependents. A consultation is due on how to implement the proposals.
NEW: Guidance for employers dealing with the transfer of employee information during a transfer of undertaking
When employees are transferring to another employer under the TUPE rules, the transferor is required to provide certain information about the employees to the transferee. The Information Commissioner’s Office has published new guidance to help both employers comply with their obligations under the Data Protection Act 1998.
AMENDED: Sex Discrimination Act – AML
For women with an expected week of childbirth after 4 October 2008, non-pay terms and conditions will apply during Additional Maternity Leave as already apply to Ordinary Maternity Leave.
AMENDED: Sex Discrimination Act – sexual harassment
The definition is widened to cover harassment ‘related to the claimant’s sex or that of another person’ rather than harassment ‘on the grounds of the claimant’s sex’. This means that if A witnesses B sexually harassing C, A could potentially bring a claim for sexual harassment, even if C doesn’t.
AMENDED: Sex Discrimination Act – third parties
Employers will now be liable for sexual harassment by third parties, such as customers, if they fail to take ‘reasonably practical steps’ to prevent it. There must have been at least two previous occasions when the employee was subjected to harassment, although not necessarily by the same person.
INCREASED: National Minimum Wage
With effect from 1 October 2008, the adult rate will rise to £5.73, the rate for 18-21s will rise to £4.77, and the rate for 16-17s will rise to £3.53.
© 2008 BBC