By Kalpana Shyamapant, employment
law specialist at Harding Evans Solicitors.
2003 was a busy year for both employers and employment law practitioners.
In April there were new rules enhancing rights to Maternity Leave,
Paternity Leave and Adoption Leave. In December of last year new
laws came into force protecting workers against discrimination based
upon sexual orientation, religion and belief.
These are just a few examples of
the raft of employment law legislation introduced in the last 12
months. But what delights does 2004 have in store for employers?
Well, the bad news is that once again we face more new laws to get
to grips with. But the good news is that there are a whole host
of sources such as the internet to enable businesses to be prepared
for these changes.
This month the limit on the amount of the compensatory award for
Unfair Dismissal increases from £53,500 to £55,000.
In addition Statutory Maternity Pay, Statutory Paternity Pay and
Statutory Adoption Pay increases in April from £100 per week
to £102.80 per week.
Other changes to take note of include from October the National
Minimum Wage increasing again for workers aged 22 and over to £4.85
and for workers aged 18 to 21 to £4.10. These are provisional
at the moment and are subject to change. There is also talk of introducing
a National Minimum Wage for 16 and 17 years olds but we will have
to wait to see if this becomes law.
Later in the year employers must be ready for Part III of the Disability
Discrimination Act 1995. To date, the Act has only applied to employers
with 15 or more employees. However this exemption will be removed
from 1st October so that all businesses, no matter how many staff
are employed, will have to comply with the provisions of the Act.
These provisions will have far reaching implications including physically
altering buildings and premises to make them accessible for disabled
people.
Perhaps the most significant development in 2004 will be the new
statutory minimum Disciplinary, Dismissal and Grievance Procedures
which will be introduced in October. The idea behind these regulations
is to encourage employers and employees to resolve disputes internally
and to minimise litigation. It is estimated that these changes will
have an impact on all businesses. At the moment only employers with
20 or more employees have to provide written information on Disciplinary
and Grievance Procedures.
However under this new legislation this threshold will be removed
and will impose minimum internal disciplinary and grievance procedures
which both the employer and employee must follow. If an employer
dismisses an employee and fails to follow the statutory minimum
steps, the dismissal will be automatically unfair. It is essential
that employers are aware of these regulations and have suitable
polices in place in order to avoid possible expensive compensation
claims against them.
This year has a great deal in store for all business in terms of
employment law and to avoid being caught off guard it is essential
that you prepare well in advance. The majority of mistakes occur
when information is not correctly communicated to staff. It is recommended
that you have systems in place so everyone in the workplace knows
what to expect, and seek specialist employment law advice to ensure
you stay on the right side of the law.