Employment law changes

A raft of new employment laws come into force on 6 April 2010. Among the changes are a new system of ‘fit’ notes, which replace sick notes, additional paternity leave and pay, a power for Employment Tribunals to refer whistle-blowing complaints to regulators, new laws governing ‘no win, no fee’ agreements, and time off for training.

FIT NOTES:

Under the new system, sick notes will be replaced with ‘fit’ notes. These allow a doctor to indicate whether an employee is fit for some work and suggest changes that could be undertaken by the employer to an employee’s work environment or job role to help facilitate a return to work. This might mean discussing: -

a phased return to work
flexible working
amended duties
workplace adaptations

The GP will also provide general details of the functional effect of the individual’s condition. The maximum duration a medical statement can be issued for will be reduced from six to three months, during the first six months of a health condition.

ADDITIONAL PATERNITY LEAVE AND PAY:

Under the additional Paternity Leave Regulations 2010 and related draft regulations fathers and partners (including same sex and civil partners) will be entitled to up to six months’ additional paternity leave, provided the mother has returned to work without exercising her full entitlement to maternity leave. Some of the leave may be paid if it is taken during the mother’s maternity pay period. The entitlement to ‘transferable’ paternity leave and pay applies to parents of children due (and adoptive parents notified of a match) on or after 3 April 2011. Although the regulations were expected to come into force on 6 April, they are still in draft form.

WHISTLE-BLOWING CHANGES:

Under the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 tribunals will be permitted, where the claimant consents, to pass information about public interest disclosures to the relevant regulator.

DAMAGES BASED AGREEMENTS REGULATIONS 2010:

The Damages Based Agreements Regulations 2010 will regulate the use of Damages Based Agreements (DBAs) in employment cases. DBAs (or contingency fee agreements) are a type of ‘no win, no fee’ agreement where the solicitor takes a percentage of the client’s compensation in the event of a win or settlement. Again, the regulations are still in draft form although they were due to come into force on 6 April 2010.

TIME OFF FOR TRAINING RIGHTS:

Section 40 of the Apprenticeships, Skills, Children and Learning Act 2009 will introduce a new right for employees to request time off to undertake study or training. It applies to employees with 26 weeks’ service or more and employers will be required to give serious consideration to all requests. This right will be phased in and will be made available to employees in organisations with 250 or more employees from 6 April before being extended to all employees from April 2011. The employer is not expected to pay for the training.

Charles Terry, Associate For more information or for answers to your questions, please contact our employment law specialist, Charles Terry. Charles is based at out Brighton office and can be contacted on 01273 323231 ( charles.terry@wbdllp.com )

This publication provides general information only and does not constitue legal advice. It is believed correct as at 01/04/10 but is subject to change. To be sure you have the most up to date information, please contact us.