Workplace Law: Legislation update October 2006

Significant new legislation is now in force affecting health and safety in the workplace and extending employment rights. The changes were brought in on 1 October, one of the Government's 'common commencement dates' for introducing new business regulations.

Age discrimination: Employment Equality (Age) Regulations 2006

Changes to discrimination rules have major implications for employers on how they can now recruit, train, promote and work with staff of all ages, and what kind of retirement policies they can operate. The main provisions of the legislation are to:

- ban age discrimination in terms of recruitment, promotion and training
- ban unjustified retirement ages of below 65
- remove the current age limit for unfair dismissal and redundancy rights
- introduce a right for employees to request working beyond retirement age
- place a duty on employers to consider that request
- require employers to give at least six months' notice to employees about their intended retirement date.

Fire safety: Regulatory Reform (Fire Safety) Order (RRO)

The responsibility for fire safety now lies with employers, who have a duty to ensure the safety of everyone who uses their premises and those in the immediate vicinity who may be at risk if there is a fire.

Guidance for businesses, in the form of guides for different types of premises, has been published by the Department for Communities and Local Government Health (DCLG).

Workplace Law Magazine issue 21 (October) looks in depth at the new fire legislation, and addresses some of the very real concerns employers have. For more information about our seven-day membership trial, or to order a copy of Workplace Law Magazine, please contact our membership team on 0870 777 8881

Maternity/paternity leave: Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006

Although these amendments are effective from 1 October they only relate to employees when the expected week of childbirth or adoption placement begins on or after 1 April 2007. The legislation is part of the Work and Families Bill and, among other provisions, will extend paid Statutory Maternity and Adoption Leave from six to nine months and allow more employees to qualify for Additional Maternity Leave of up to one year.

Gangmasters licensing: The Gangmasters Licensing (Exclusions) Regulations 2006 and Gangmasters (Appeals) Regulations 2006

Businesses that employ workers directly in certain agriculture-related industry sectors need to be licensed under the Gangmasters Licensing Authority (GLA) scheme. The scheme was set up to prevent the exploitation of workers, and to improve health and safety standards, in what have often been unregulated areas of employment.

Companies that use contractors in these sectors are termed 'labour users', and will face prosecution if they use workers or services provided by an unlicensed labour provider, although this provision will not come into effect until 1 December.

National Minimum Wage increase

The adult rate is now £5.35 an hour from 1October; for workers aged 18 to 21, the ‘development rate’ rises to £4.45; for employees aged 16 to 17 the rates rise to £3.30.

For details on all of the new regualtions, what your duties are and the impact they will have on your business visit www.workplacelaw.net

ENDS

Notes to editors

1. The Workplace Law Network is the fastest growing legal support service in the country. Some of the UK's biggest employers, including KPMG, Tesco, the BBC and Powergen turn to us for expert advice on the law of the workplace and how it affects them.

The Workplace Law Network provides legal support to over 50,000 employers and managers. They know the law does affect them, in all areas of their business. From personnel and employment issues to health and safety and premises management, it's vital to know where you stand.

2. Workplace Law Training, Second Floor Daedalus House, Station Road, Cambridge CB1 2RE, 0870 777 8881, www.workplacelaw.net

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