The HR Company

Information

We work with businesses to:

- identify and reduce the costly risk factors associated with employing people; and

- improve the return on investment by increasing employee productivity.

Website: http://www.the-hr-company.co.uk
Location: Springhead
Members: 23
Latest Activity: Sep 19, 2011

There has been some confusion with regard to changes to employment law taking place in April 2011, given government decisions at a late stage to repeal or delay certain expected legislation. The below seeks to clarify what legislation is and is not now taking effect in April 2011.

We start by highlighting the changes not taking place and then briefly outline those that are being implemented.

In addition the government has announced a 3 year moratorium on new domestic legislation for start up and micro businesses.

For more information on our services, which include advice, training and provision of employment documentation please do not hesitate to call on 07736 930201.

LEGISLATION NOT TAKING EFFECT IN APRIL 2011

The Right to Request Flexible Working

Currently the right exists to request flexible working to enable an employee to care for a child under 17 or a disabled child under 18. The right to request flexible working was to be extended to parents with children under 18. This right was to take effect in April 2011. However this is not now to happen.

Bribery Act 2010

This was expected to come into force in April 2011. However its implementation is to be delayed until July 2011 so that the government can issue guidance on what procedures might amount to appropriate anti bribery procedures to protect employers from criminal acts of their employees.

Specific Public Sector Equality

The specific public sector equality duties will not be implemented in April but are expected in July 2011.

Dual Discrimination Under the Equality Act

These provisions are not being implemented.

Right to Request Time Off For Training

The right to request time off for training is not being extended to employers employing less than 250 employees.

LEGISLATION TAKING EFFECT IN APRIL 2011

Additional Paternity Leave 6.4.11.

Where a baby is due or matched for adoption after 3.4.11. then the mother will be able to transfer up to 26 weeks of her maternity/adoption leave to the father or partner. The father or partner cannot start this additional paternity leave earlier than 20 weeks after the birth and must take it before the child is one year old. If the mother in returning to work has at least 2 weeks worth of SMP/SAP remaining then this entitlement to receive payment transfers to the father or partner. As with maternity leave there is a procedure of notification and other rules and criteria that must be met and or followed.

Default Retirement Age 6.4.11.

The default retirement age is phased out. This means if appropriate notification was not given to retire an employee before 6.4.11. then it will be more problematic to retire an employee. Any such dismissal will need to be objectively justified and will need to follow an appropriate procedure.

Positive Action Under The Equality Act 6.4.11.

In certain circumstances an employer will be able to select a candidate with a protected equal opportunities characteristic over a candidate without such a characteristic where the two candidates are as qualified as one another for a position. As qualified as one another does not simply mean having the same formal qualifications.

General Public Sector Duty 6.4.11.

The general public sector equality duty comes into force. This requires public bodies to have due regard to the need to eliminate unlawful discrimination, and to advance equal opportunities.

Statutory Payments

The rate of Statutory Sick Pay increases to £81.60 per week. (6.4.11.)

The basic rate of Statutory Maternity, Adoption, Paternity Pay increases to £128.73.. (3.4.11.)

DISCLAIMER

Please note this document provides very basic and general information and should not be read as legal advice. This is particularly so as each case hinges on its own merits.

If you need advice on any such matters please give us a call.

Discussion Forum

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According to new research, nearly 40% of UK employees are planning to move jobs in the next five years. The interesting thing is that, rather than dissatisfaction with pay or unhappiness at work, the…Continue

Started by Amanda Longden. Last reply by Amanda Longden Aug 17, 2011.

Social Media in the Workplace

Comments on Facebook led to fair dismissalAn Employment Tribunal has found that an employee was fairly dismissed after she posted negative comments on Facebook about two customers of the pub where…Continue

Started by Amanda Longden May 4, 2011.

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Comment by Amanda Longden on September 19, 2011 at 17:57: Thanks for responding Julie. I'll be sure to let you know how it goes!

Comment by Julie Crowley on September 19, 2011 at 17:40: I already have something on that day, 28th Sept (a family birthday I cannot miss) so won't be able to come, as per your email. Look forward to hearing about it though.

Comment by Amanda Longden on September 19, 2011 at 17:26: Looking for an opportunity meet new businesses and network at a free business seminar?

This is a great opportunity to get in front of business owners who are probably outside your usual network area, as well as hear some great speakers (well, I'd have to say that because I'm one of them!)

It's being held at Penwortham Golf Club, near Preston, on Wednesday 28th September. If you want a round of golf it's a slightly earlier start time of 2pm or 4pm depending on whether you want 9 or 18 holes (special reduced price). The business event itself starts at 6pm.

If you'd like more details, please contact me as soon as possible so that we can confirm numbers. You can call me on 07736 930201 or email amanda@the-hr-company.co.uk.

Don't miss it!

Comment by Amanda Longden on June 16, 2011 at 15:24: I've been contacted by a business owner this week who has taken an employee through the disciplinary process and wanted to know if it was safe to dismiss him. The Business owner said he was sure he had followed a proper process and sent me copies of letters and meeting notes.

On the face of it, everything seemed reasonable but the process was flawed and had he gone ahead and dismissed the employee in question, he was at risk of an unfair dismissal tribunal claim.

The trouble is, like any other business owner, he didn't know what he didn't know and what seems like the right way to do things, often isn't. In this case, allegations were made against the employee during the disciplinary hearing that he hadn't previously been made aware of in the letter inviting him to the hearing. Sometimes just the way a letter is worded can be enough to land a business in hot water if an individual decides to make a tribunal claim.

Comment by Amanda Longden on May 6, 2011 at 10:21: Effective Performance Management - Join us at Oldham Library on Friday 13th May, 2.00 - 3.30pm: "Promoting the benefits of providing and receiving effective performance management, covering communication needs, development and commitment plus a positive business image are just some of the benefits. Looking at the employer point of view and responsibilities with Amanda Longden of The HR Company, and the employee/individual viewpoint with Julie Crowley of Clear Mind Coaching & Counselling. Supporting local people and businesses with positive practice and improving opportunities.”