A Recap of Key Employment Law Changes
Migrant workers - tier 4 (students)
From 31 March, adults wishing to study in the UK must apply for a Tier 4 Student Visa. The Tier 4 Student Visa replaces the current UK Study Visa and allows an adult student to study in the UK with a licensed sponsor on the Tier 4 register of sponsors.
New restrictions on employing migrant workers
Under new regulations in force from 1 April 2009, employers will not be able to hire tier 2 migrant workers unless the role has been advertised for a minimum of two weeks on JobCentre Plus. More stringent requirements have also been introduced for tier 1 migrant workers and they will have to possess a master's as opposed to a bachelor degree, and should be on a salary of £20,000 a year or more, as opposed to £17,000.
Statutory holiday pay increases
From 1 April, the statutory minimum for paid holiday entitlement will increase from 4.8 to 5.6 weeks (24 to 28 days for those working a five-day week).
Repeal of the Statutory Dispute Resolution Procedures
The statutory dispute resolution and dismissal procedures have finally repealed and the new Acas Code come into effect on 6 April 2009.
Extension to right to request flexible working
The right to request flexible working has been extended to parents with children aged 16 and under. Applications are now admissible up to and including the day before the child's 17th birthday. The change came into effect on 6 April 2009.
The right to request flexible working has been extended to parents with children aged 16 and under
Increased fines for non-compliance with National Minimum Wage
Employers will face new penalties for failing to pay the National Minimum Wage and workers will be entitled to have arrears of wages repaid at current rates. Employers may also face a fine payable to the Secretary of State. The changes came into effect on 6 April 2009.
Increase in Statutory Maternity, Paternity and Adoption Pay
Statutory Maternity, Paternity and Adoption pay increased from £117.18 to £123.06 on 5 April 2009.
Increase in Statutory Sick Pay
Statutory Sick pay increased from £75.40 to £79.15 on 6 April 2009.
Employers must use new P45 form
From 6 April, employers must use the new style P45 form. It was initially introduced by HM Revenue and Customs in October 2008 and is therefore already available. Any old style P45 forms are now invalid.
Rules on trade union membership are amended
From 6 April 2009, trade unions will be permitted to expel or exclude an individual on the basis of his or her membership (or former membership) of a political party.
TUPE Regulations 2006 are amended
The TUPE Regulations 2006, which require the notification of disciplinary or grievance procedures taken against or by an employee in circumstances where the statutory dispute resolution procedures apply, have been amended so that notification is now required where a relevant Code of Practice applies. The change came into effect on 6 April.
Health and Safety Information for Employees
The Health and Safety Information for Employees (Amendment) Regulations 2009 make minor changes relating to how employers may provide health and safety information to employees. The Regulations came into effect on 6 April.
Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008
These Regulations came into force on 6 April and make procedural changes to tribunal practice, including in relation to default judgments, electronic communications, withdrawal of proceedings, and Stage 1 equal value hearings.
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