Employment Advice Update: September 2010

Employment Update September 2010

Pre employment health checks

Under the Equality Act, it is illegal (except in a few restricted circumstances) to carry out PEHC before a job offer has been made.

In addition, disabled job-applicants will be able to bring direct discrimination claims if their application is rejected following pre-employment health enquiries, subject to certain exceptions.

Employers may also face investigation by the Equality and Human Rights Commission.

It is therefore important that you review your recruitment and selection procedures now. For further advice, contact us at employment.advice@nyfvo.org.uk

Government publishes further Equality Act 2010 Regulations
The Government has published three sets of Regulations relating to the Equality Act 2010. The Regulations are relevant to the meaning of disability, provision of auxiliary aids and adjustments to physical features, as well as continuing existing exceptions for occupational and personal pension schemes in respect of age and sex. The Government is also separately consulting on statutory guidance to aid interpretation of the definition of disability in the Act.

Default retirement age
The government is planning to scrap the default retirement age in the UK from October 2011. A review is now underway, with consultation expected to end early next year.
Given that an employer must give six months' notice before forcing someone to retire on the grounds of age, it means the changes could be felt from 6 April next year.
But some employers are worried it will complicate the job of managing a workforce and add to overall costs.

Minimum wage increase
The coalition government has confirmed the national minimum wage increases proposed by the previous Labour government in March 2010. The new rates will take effect in October 2010. The new hourly rates will be as follows:
• Standard (adult) rate (workers aged over 21): £5.93 (rising from £5.80).
• Development rate (workers aged between 18 and 20): £4.92 (rising from £4.83).
• Young workers rate (workers aged under 18 but above the compulsory school age who are not apprentices): £3.64 (rising from £3.57).
The Government has extended the adult standard rate to 21-year-olds from October 2010 (the qualifying date up until that date is 22).

Fit Notes

Are you still confused by fit notes?
Many employers are confused about how they should respond to advice from GPs on the new fit note, especially when the employee wants to return before the end date which the GP has stated
Fit notes contain advice – they are not binding, but you should ensure that your insurers are happy with the situation.
If you would like more information on fit notes, why not contact you local CVS for details of workshops in your area.