Employment Matters Bite Size February 2008

Your monthly guide to all the recent changes in the world of employment law

Legislation

Employment Rights (Increase of Limits) Order 2007
The Employment Rights (Increase of Limits) Order 2007 came into force on 1 February 2008. A week’s pay, including basic award and redundancy payment, increases from £310 to £330. The maximum compensatory award increases from £60,600 to £63,000. The new limits apply to dismissals on or after 1 February 2008.

For further information follow this link

The Safeguarding Vulnerable Groups Act 2006
This act will be coming into force in the autumn. It will introduce a centralised vetting system for people working with children and vulnerable adults. Employers will be able to check online whether an individual is on the list. Employers will also be informed, where possible, if an individual becomes barred. There will be fines of up to £5,000 for employers who knowingly employ individuals on the list or fail to make the relevant checks.
For further information follow this link

Sex Discrimination Act 1975 (Amendment) Regulations 2007
The Sex Discrimination Act 1975 (Amendment) Regulations 2007 are coming into force in April 2008. Under the regulations transsexuals will be given greater protection in a number of areas (although schools, the content of the media and advertisements are specifically excluded from the regulations). Employers will be required to modify existing relevant policies and equality training to ensure that members of staff are aware of circumstances where indirect discrimination may occur. The provision of dressing rooms is a particularly sensitive area and employers will have to approach this issue carefully.

The regulations will also amend the Sex Discrimination Act 1975 in relation to the way in which insurance companies calculate and charge premiums/benefits depending on a person’s sex. Regulation 16 states that premiums/benefits for transsexuals should be calculated on the basis of the transsexual’s legal sex (their birth sex) unless they have legally changed their gender via a full Gender Recognition Certificate under the Gender Recognition Act 2004.
For further information follow this link

A New Immigration Policy
Changes to the law preventing illegal working are due to come into effect on 29 February 2008. Under the new rules employers who knowingly hire illegal workers face unlimited fines and up to two years in prison. Businesses could be fined £10,000 for each illegal worker they negligently hire. To establish a defence, employers must check the potential employee’s documents at the start of employment and then every 12 months if the person has limited leave to remain in the UK.

Employers can visit www.bia.homeoffice.gov.uk/employers to ensure that they take the necessary steps to avoid employing illegal workers. For further information visit www.bia.homeoffice.gov.uk/sitecontent/newsarticles/tenpointplan