The Government lists the new Employment Regulations for 2009

The Government, through the DBERR (Department for Business, Enterprise and Regulatory Reform), has published its list of regulations that are expected to come into force during 2009. The main ones that have an impact on employment law are as follows:-

A. Coming into force in April 2009

1. Employment Act 2008 (Commencement No2.etc...) Order

This alters the provisions for enforcing the National Minimum Wage rules, including the introduction of a new penalty for employers who underpay their workers, together with a method of calculating any payment arrears.

2. Working Time (Amendment) Regulations 2007

These ensure that from April 2009 the minimum annual paid holiday entitlement will rise to 5.6 weeks 9 a total of 28 days for those that work a 5 day week).See our free Factsheet on the current entitlements.

3. Flexible Working Regulations

The Government response to consultation on extending the right to request flexible working arrangements to parents of children age 16 or under is due shortly. The Government intends to amend the current regulations, with any changes coming into force in April 2009. It is vital that it is noted that the recommendation is to extend the right to request NOT the right to insist on flexible working arrangements.

B. Coming into force in October 2009

1. Changes to the National Minimum Regulations

These will implement the changes to the National Minimum Wage, as recommended by the Low Pay Commission (this is the annual review of the relevant rates, see our Factsheet on Minimum Wage for the current rates).

2. Changes to the Conduct of Employment Agencies and Employment Business regulations

These will reduce the level of checks for workers supplied for permanent recruitment by employment agencies. A consultation on this is planned for January 2009.

C. Looking Further Ahead into 2009/2010

1. Additional Paternity Leave and Pay

It is Government’s intention to introduce Additional Paternity Leave and pay (currently this is only a 2 week period) alongside the extension of maternity pay. Additional  Paternity Leave and pay will enable employed fathers to take up to 26 weeks Additional Paternity Leave (some of which may be paid leave if the mother of the child has returned to work).

The proposal is that the new leave provision will be available when the child is between 6 and 12 months old, and the option will exist to enable the parents to divide the period of paid leave between them. The practicalities of these proposals could prove very complex for employers, so it remains to be seen quite how the Government proposes that these changes be implemented.

The Government is proposing to introduce the new regulations before the end of the current Parliament.

Note of caution

The precise content of regulations may vary between the draft versions and the final version approved by Parliament. In addition to the various regulations listed here, it is expected that further parts of the Equality Act will make progress through Parliament.

If you require further information or advice on any of the matters raised in this article, please do not hesitate to contact us.