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Legal Eagle
Issue 34 - February 2010
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Here is a summary of forthcoming legislation that could affect you and your company...
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Legislation/Regulation
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Date to be
Implemented
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Brief Description
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The Work and Families Act 2006 - Paternity Leave and Pay
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6 April 2010
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This will affect parents of babies due from 3 April 2011. Fathers will be able to take up to 26 weeks' additional paternity leave where the mother returns to work before the end of her maternity leave entitlement. This will be available during the second six months of the child's life and may be paid if taken during the mother's statutory maternity pay period.
Similar rights will apply to those adopting a child on or after 3 April 2011.
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Right to request time off for training
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6 April 2010
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The right to time off to train is introduced for employees in organisations with 250 or more employees, with the legislation being extended to cover all employees from April 2011.
The right is modelled on the existing right to request flexible working. Employers will be obliged to consider requests seriously, but will be able to refuse a request where there is a good business reason for doing so. Employers will not be obliged to meet the salary or training costs to enable a request to be met.
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Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010
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6 April 2010
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The maximum amount of compensation awarded where an employer does not comply with the procedural requirements in respect of a request for time off to train, or refuses an application on impermissible grounds, is eight weeks' pay. These Regulations also set out requirements for the employee's application for the right to request time off for training.
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Social Security (Equalisation of State Pension Age) Regulations 2009
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6 April 2010
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These Regulations amend the qualification age for benefits linked to female state pension age which follows the increase in state pension age for women from 60 to 65.
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Social Security (State Pension and National Insurance Credits) Regulations 2009
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6 April 2010
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The Regulations specify the amount of basic state pension a person is entitled to if they do not satisfy the new contribution conditions for a state pension in full; provide for the gradual phasing-out of automatic national insurance credits for men within five years of state pension age; and provide for men and women to be treated equally with respect to the calculation and inheritance of graduated retirement benefit.
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| Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 | 6 April 2010 |
The format of the medical statement and how it is completed will change when these Regulations are implemented. Doctors will indicate whether the patient is unfit for work or able to work with appropriate support if this is available.
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| Employment Relations Act 1999 – Blacklisting for Union Membership or activities is prohibited | April 2010 |
The blacklisting of workers from employment as a result of their union membership or activities will be prevented when this is introduced.
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Information source:
www.xperthr.co.uk