Click here for our EAS Update September 2011

Click here for our EAS Update July 2011

Click here for our EAS Update March 2011

Since the September 2010 update there have been several issues to bring to your attention, namely increases in satutory minimum payments. Please see below for a summary of these in our February 2011 update, along with details of the current statutory minimum entitlements. For further information on these on any other HR matters, please contact Abby, Jane, Maggie or Bob on 01347 825710 or email employment.advice@nyyforum.org.uk
Employment Advice Update February 2011

National Minimum Wage Amendment
1 January 2011

From the 01 January 2011, payments made for travel and other subsistence tax relief schemes were excluded from the calculation of National Minimum Wage (NMW).  Current NMW hourly rates are:
• £5.93 - the main rate for workers aged 21 and over
• £4.92 - the 18-20 rate
• £3.64 - the 16-17 rate for workers above school leaving age but under 18
• £2.50 - the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship
Note: the age from which the main rate becomes payable fell from 22 to 21 on 1 October 2010

Redundancy Pay and New Tribunal Awards Limits
1 February 2011

The maximum amount of a week's pay for the purpose of calculating both the statutory redundancy payment and the basic award for unfair dismissal increased from £380 to £400 on 01 February 2011. There is also an increase in the limits of certain employment tribunal awards; the maximum unfair dismissal compensatory award rises from £65,300 to £68,400 where the event that gives rise to the award or payment occurred on or after 1 February 2011.

Additional Paternity Leave and Pay
3 April 2011
The new regulations give parents of children due, or matched for adoption, on or after 3 April 2011 greater flexibility in how they use maternity and paternity provisions through the introduction of Additional Paternity Leave and Pay.
Additional Paternity Leave and Pay (APL&P) will enable eligible fathers to take up to 26 weeks additional paternity leave (the mother transfers her statutory right of maternity leave to the father). The leave may be paid if taken during the mother or partners Statutory Maternity Pay period, Maternity Allowance period or Statutory Adoption Pay period. Leave taken after this period has ended would be unpaid.

Statutory Maternity, Paternity and Adoption Pay Increase
3 April 2011

The standard rate of statutory maternity, paternity and adoption pay increases from £124.88 to £128.73 per week from 3 April 2011.

Statutory Sick Pay Increase
6 April 2011

The standard rate of statutory sick pay increases from £79.15 to £81.60 per week, from 6 April 2011.

Right to Request Flexible Working Extended To Parents of Children Under 18
6 April 2011
On the 6th April 2011 the right to request flexible working will be extended to parents of children under the age of 18. It currently applies to parents of children under the age of 17, or 18 if the child is disabled.

Default Retirement Age Abolished
6 April 2011

Although the default retirement age (DRA) will not be completely abolished until 1 October 2011, transitional arrangements will come into force from 6 April 2011.
During the six-month transitional period employers may not issue new notifications of retirement. However, those already in motion before 6 April can continue through to completion if:
• a notification of retirement is issued by the employer prior to 6 April 2011;
• the date of retirement is before 1 October 2011; and
• the requirements of the statutory retirement procedure are met.

The default retirement age will be completely abolished on 1 October and employers will be prohibited from retiring employees by means of the default retirement age from this date.

Positive Action Provisions of The Equality Act
6 April 2011

Under the Equality Act 2010, employers will be able to treat individuals with a protected characteristic more favourably during recruitment and promotion processes when faced with two or more candidates of equal merit, if the more favourable treatment is intended to address under-representation in the workforce.  For further guidance go to:
www.equalities.gov.uk/ equality_act_2010/equality_act_2010_ what_do_i_n.aspx

Increase in lower earnings threshold (affects some statutory payments)
6 April 2011
From 6 April 2011 the national insurance lower earnings limit (the lowest level of earnings that can count towards entitlement to statutory sick pay and statutory maternity, paternity and adoption pay) is increased from £97 to £102 per week. However, a bill is going through Parliament which will increase the contributions paid by employers by 1% as from 6 April 2011.

Royal Bank Holiday
29 April 2011
The Government has agreed that the marriage of Prince William and Catherine Middleton will be marked by a public holiday. The date of the Royal Wedding and the additional public holiday will be Friday 29 April 2011.
The announcement of an extra bank holiday does not increase any entitlement to holiday under the Working Time Regulations, so whether an employee will benefit from the additional bank holiday will be entirely dependent on the wording of their contract of employment.  Check your staff’s contracts and advise them of their rights. If they differ, take great care if you decide to allow some the holiday and not others. This may be discriminatory and affect morale dramatically. So ensure you treat staff fairly and equally.  Also be sure to apply the same policy to those on maternity, paternity, adoption or sick leave.
For further advice on employment matters contact the Employment Advice Service on 01347 825710 or email employment.advice@nyyforum.org.uk