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8.4.2010 A number of changes in employment law came into force on 6 April 2010, including:
1. Maternity and paternity pay is increased
The standard rates of statutory maternity pay, statutory paternity pay and statutory adoption pay will increase to £124.88 per week, or 90% of the person's average weekly earnings if less than £124.88 per week.
2. Additional paternity leave and pay granted
Parents whose babies are born on or after 3 April 2011 will have the right to take up to 26 weeks' paternity leave, if the mother returns to work early. Part of the leave will be paid if taken during the mother's paid leave period.
3. The “fit” note will replace the “sick” note
The new ""fit note" will be introduced. The GP will be required to complete a tick-box section to confirm whether they consider a phased return to work, altered hours, amended duties and/or workplace adaptations might assist a return to work. However, the onus remains on the employer to determine whether an employee is fit to return to work. In reality, therefore, a specialist medical report will still be needed, particularly where it is suspected that the employee's condition may amount to a disability.
4. Employee’s right to request time off to train
The Apprenticeships, Skills, Children and Learning Act 2009 will introduce a right for employees with at least 6 months’ service to request time off to undertake study or training. The training must be for the purpose of both improving their effectiveness at work and improving the performance of their employer's business, although it need not lead to a formal qualification. The right will apply to employees working for employers with 250 or more employees and then will be extended to all employees, regardless of the size of their employer, from 6 April 2011. The right will not apply to agency workers.
5. National minimum wage increases from October 2010
The Government has also announced increases in the national minimum wage to take effect from 1 October 2010. The new hourly rates will be as follows:
Standard rate (workers aged over 21 (previously over 22)): £5.93
Development rate (workers aged between 18 and 20): £4.92
Young workers rate (workers aged under 18 but above the compulsory school age who are not apprentices): £3.64
Apprentices (apprentices age (i) under 19; or (ii) aged over 19 in first year of apprenticeship (otherwise NMW rates will apply according to their age)): £2.50 per hour.
This bulletin is for general guidance purposes only and should not be used for any other purpose.
Brabners Chaffe Street is a Limited Liability Partnership
© Brabners Chaffe Street LLP 2010. All rights reserved
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