Employment Legislation 

 New Legislation 

The Government is expected to announce draft Age Legislation in the summer of 2005 and is scheduled to become law by October 2006. Ultimately, legislation will outlaw age discrimination in employment and vocational training.

This is due to the European Union Directive which requires all Member States to make it unlawful to discrimination at work on the grounds of age, sexual orientation, religion and belief, and disability. The new anti-discrimination legislation for sexual orientation and religion was implemented in 2003. But due to the complex issues surrounding age discrimination such as pensions and mandatory retirement ages this has led to a separate consultation and implementation schedule.

The Code of Practice for Age Diversity was published in 1999 by the Department for Work and Pensions to help employers recognise the business benefits of an age-diverse workforce. The guidance encourages employers to make decisions that do not discriminate against someone because of how old they are. The information covers good practice in six areas of employment. For further information - http://www.agepositive.gov.uk

Equal Pay

With effect from 19th July 2003 the Equal Pay Act 1970 (see sex discrimination) has been amended to implement the EU Directive. The major changes are:

• Extension of the six-month time limit for bringing equal pay claims if the employer deliberately conceals relevant facts or if the claimant was under a disability during the six months.
• Replacement of the two-year time limit on back pay in equal pay cases. Now the periods are six years prior to the date of commencement of proceedings in England and Wales and five years in Scotland.

Individuals will now be protected from sex discrimination, which occurs after their formal relationship with an employer has ended (see sex discrimination).

Maternity and Parental law

With effect from 6th April 2003 there has been a number of changes to the maternity and paternity leave rights for parents and adopted parents. The changes include:

• Ordinary maternity leave increased to 26 weeks (regardless of how long they have worked for their employer).
• Additional maternity leave for who have completed 26 weeks' continous service with their employer by the beginning of their 14th week before their expected week of childbirth (EWC). Additional maternity leave starts after ordinary maternity leave for 26 weeks.
• Entitlement of 2 Weeks paid paternity leave ·
• Entitlement of 26 weeks paid adoption leave and a further 26 weeks unpaid adoption leave
• Period payable for SMP will increase from 18 to 26 weeks. Statutory Maternity Pay will increase to £100 per week (from £75).
• Increasing minimum notice of an employee's intention to take maternity leave which is now by the end of the 15th week before her EWC. She must tell her employer that she is pregnant, the week her baby is expected to be born and when she wants her maternity leave to start.
• Increase of notice to employers for early return from maternity from 21 days to 28 days.

Flexible Working

From 6 April 2003 under new laws will allow parents of children aged under six or disabled children aged under 18, the right to apply to work flexibly on a permanent basis. Their employers will have a duty to consider these requests seriously. This regulation applies to parents who have worked with their employer continuously for at least 26 weeks at the date the application is made.

The kind of changes that could be requested include:

• a change to the hours they work
• a change to the times when they are required to work
• to work from home

Background to the changes

Over the last two years, the European Union has established a common framework with Member States (including the UK) to tackle unfair discrimination on six grounds: gender, race, disability, sexual orientation, religion and age.

From December 2003 in the UK new regulations will make it unlawful to discriminate in employment and vocational training on the grounds of sexual orientation and religion or belief. The legislation will cover direct or indirect discrimination, discrimination by way of victimisation or harassment.

Age - Discrimination on the basis of young or old will be unlawful from 1st October 2006. Employers will have to review a wide range of policies and practices that are potentially directly or indirectly age discriminatory. This could mean the end of age ranges for recruitment and could make compulsory retirement ages unlawful.

Disability - New regulations brought into effect on 1 October 2004 will make significant technical detailed changes to the Disability Discrimination Act 1995. The Act already meets many of the Directive's requirements but the changes will include:

• changes to the meaning of discrimination and harassment;
• new sections in the Act to cover circumstances in which it is unlawful to discriminate; duty of employers to make reasonable adjustments will extend beyond the physical features of premises to any 'provision, criterion or practice' which places the disabled person concerned at a substantial disadvantage;
• remove the small employers' (less than 15) exemption.