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Upcoming Employment Law Developments Businesses should be Aware Of
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2010 will see a number of substantial changes to Employment Law. The upcoming general election will also play its part and could determine the extent, direction and content of any subsequent developments.
On 1 February 2010 there was a reduction in the compensation limits for unfair dismissal claims from £66,200 to £65,300. This is the 1st time the maximum award has ever been reduced and is in line with the reduction in RPI for the 12 months to September 2009. There is however, no proposal to reduce the current £380 limit on weekly pay for the purposes of statutory redundancy pay and the unfair dismissal basic award.
A major overhaul of the statutory sickness schemes is scheduled to take place in spring 2010 with the introduction of 'fit notes'. The proposal is designed to prevent employees drifting into extended sick leave and it is hoped the scheme will provide greater information to employers on an employee’s medical condition. GPs will be given the opportunity to state if their patients are fit for work, for some work or for no work at all and whether any ‘adjustments’ would be beneficial. Fit notes have some clear implications for disability discrimination law and long term ill health dismissals.
Most significantly 2010 will see the Government's attempt to harmonise and strengthen all discrimination law with the introduction of the Equality Act 2010. The majority of the provisions will take effect in October and most notably it will allow employers to take positive action in favour of women and minorities at both the recruitment and promotion stage. There are a number of other proposals, including strengthening the powers of Employment Tribunals and the introduction of gender pay reports. Although the Act is an attempt to simplify discrimination law it will be necessary for employers to review their personnel policies to avoid falling foul of the new legislative changes.
If you have concerns over these changes and the impact they may have for your business please contact Steve Esmond on:
Tel: 0844 858 3135 or simply drop Steve an email
at steve.esmond@sm-commercial.co.uk.
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Steve Esmond
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03/02/2010
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