EMPLOYMENT LAW LATEST
by Leonard R Wells MCIPD

1.

Statutory Maternity Rights will change to: The flat rate of Statutory Maternity Pay ( SMP) will rise to £100 a week from April 2003, and will be paid for a longer period. The increase, announced in the Budget 2001, will be staged as follows,

1. Current flat rate £60.20.
2. From April 2001 £62.20 (this increase was announced last year as part of the usual up rating of benefits)
3. From April 2002 £75.00 a week.
4. From April 2003 - £100.00 a week.

There will also be an extension of period of maternity pay from 18 weeks to 26 weeks from April 2003.

2.

Paternity Leave - Other reforms are that new fathers will be able to take up to 2 weeks paid leave (at the same rate as SMP) from April 2003. Also adoptive parents will be included with one of the parents able to take up to 26 weeks paid leave at the same flat rate of SMP.

3.

With the effect from July 2001 the burden of proof in discrimination claims will change as a result of a European Directive. Employers will now have to demonstrate that the discrimination did not take place. (It is thought that this change will make it easier for employees to bring claims.)

4.

The Criminal Records Bureau is on course for beginning its operations next year. When the Bureau is up and running, employers will be able to ask prospective employees to apply for a criminal record check. In exchange for a fee, the Bureau will be able to issue three types of certificate, each representing a different level of check. The Bureau will be able to advise applicants and employers which kind of certificate is needed in individual cases. This will be a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate.

Capita Group Plc has been selected as the Bureau's private sector partner for this venture, and will be responsible for developing IT systems, processing applications and issuing certificates. For an employer to request and receive a criminal record certificate or an enhanced criminal record certificate, the organisation will have to be registered with the Bureau.. The Bureau expects to start registering employers next March, and to begin issuing the highest level of certificate (enhanced criminal record certificates) from next July. These will relate to employment or voluntary service involving contact with children. The remaining levels of check should be available by July 2002.

5.

DATA PROTECTION CODE - The introduction to the Code makes it clear that most of the standards are relevant to all employers regardless of size. As it says, "There is, for example, no reason why an employee of a small business should have less right to expect his or her employment records to be kept confidential and secure than an employee of a large multi-national."

6.

Fixed term workers will have to be put on an equal footing with their Non Temporary colleagues when new Government regulations come into force this summer. The changes are required by the European Directive on fixed term work which is due to be implemented in the UK by July 2001. A consultation paper, which examines all the issues, has been produced, together with draft regulations. (Use temporary contracts rather than fixed term unless there is a particular need).

7.

Disability Discrimination Act to be extended - Small employers will have to comply with the terms of the Disability Discrimination Act 1995 from 2004. The current exemption, which applies to businesses with fewer than 15 employees, is to be scrapped.

8.

TRIBUNAL CHANGES - The new rules aimed at improving the employment tribunal system will not come into force until 16 July 2001. The Government has decided to delay the amendments to give users more time to understand the changes. The new rules will impose greater deterrents and penalties on spurious cases. The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 were supposed to take effect on 18 April, but this date has been put back.