Changes to Employment Law with Effect from 6 April 2009

Date Added: 27 April 2009

Two important changes to Employment legislation come into force from 6 April 2009. The first is the repeal of the statutory dispute resolution procedures, to be replaced by the Acas Code of Practice on discipline and grievance. The other is the extension of the right to request flexible working to employees with children aged under 17.

• Employment Act 2008: Before 6 April 2009, if an employer dismissed an employee without following certain minimum statutory procedures, the dismissal was automatically unfair. Similarly, the employee could not resign in the face of certain conduct by the employer and claim constructive dismissal without first raising a grievance under the statutory procedures. However, the statutory dispute resolution procedures are now repealed and replaced by the new Acas Code of Practice on discipline and grievance. For dismissals where relevant disciplinary/dismissal action was taken before 6 April 2009, the statutory procedures still apply.
• Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009 SI 2009/595: extends the right to request flexible working to employees with children under the age of 17.
• Social Security Benefits Up-rating Order 2009 SI 2009/497; increases statutory sick pay to £79.15 and statutory maternity, paternity and adoption pay to £123.06
• Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008 SI 2008/3240: makes various amendments to the Employment Tribunal Rules of Procedure 2004. Some of the changes are necessary following the demise of the statutory dispute resolution procedures, while there is also an increased power for employment judges to sit without lay members in certain hearings.
• Employment Act 2008: amends S.174 of the Trade Unions and Labour Relations (Consolidation) Act 1992, to comply with the European Court of Human Right's judgment in Aslef v UK and allow trade unions to expel members on the basis of their membership of a political party.

In addition to the changes coming into force on 6 April, the increase in statutory minimum paid holiday entitlement from 4.8 to 5.6 weeks (24 to 28 days for those working a five-day week) is effective as of 1 April 2009.

If you would like to speak to a member of our team regarding these recent changes to employment law, please visit the “Employment Law” section of our website.

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