Future Developments in Employment Law (June 2009)

2009 could prove a busy time for employment lawyers in the United Kingdom with a large amount of changes to the current law on horizon.

Statutory Dismissal and Disciplinary Procedures

The Employment Act 2008 comes into force on 6th April 2009 and introduces some radical changes to current employment law including:

• Repealing the statutory dismissal and grievance procedures introduced in 2004;
• Giving the tribunal discretion to increase or decrease compensation by 25% if either the employer or employee fails to comply with the ACAS Code of Practice; and
• Extending ACAS powers of conciliation.

Flexible Working

Also in April 2009, the right to request flexible working will be extended to parents of children aged 16 or under. Currently the right is for parents of children aged 6 or under (or for parents of disabled children up to 18.)

Paternity Leave

Further down the line, possibly in April 2010, paid paternity leave may be extended effectively allowing parents to share the period of maternity / paternity leave, even if the parents work for different employers. Also under consideration is the extension of the period of maternity pay from the current 39 weeks to 52 weeks.

General

At present, legislation is also being worked up for the prevention of bullying in the work place, staggering increase of the state pension age (2024) and giving agency and temporary workers similar employment rights to employees although all of these are currently in their draft form.

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