Hi,

Welcome to the second edition of Public Knowledge from Morgen HR. If you would like to receive this newsletter delivered to your inbox every month you can subscribe, for free, at the bottom of the page.

So, just to cheer us up at the beginning of a new tax year, the government have bought in a whole range of changes to employment law, all of which came in on the 6th April. Have a read through here, and if you have any questions, or feel you need advice, please do call us.

Contents

Employment law: what you need to do from 6 April

There are a range of employment law changes, covering sex discrimination, corporate manslaughter, information and consultation and statutory rates, which came into effect on 6 April 2008. Click below for the relevant information.



Information & Consultation

Employers with more than 49 but less than 100 employees may be getting to grips with the requirements of the Information and Consultation of Employees Regulations 2004. These are extended to cover undertakings with 50 or more employees from 6 April 2008. In addition, requirements for employers to consult with members before making major changes to pension schemes are also extended.

Statutory Rates

Employers should also be aware that the rates of statutory maternity, paternity and adoption pay are increased from £112.75 to £117.18 per week while the rate of statutory sick pay also rises from £72.55 to £75.40 per week.

Corporate Manslaughter

The introduction of the offence of corporate manslaughter allows organisations to be prosecuted for management failures that lead to the deaths of employees and others from 6 April 2008. Although widely publicised, the new offence does not place any further obligations on employers and should hold no fear for organisations that are already safety-conscious.

The new offence creates a more effective basis for corporate liability, with the key obstacle to successful prosecutions (the identification principle) removed. From 6 April 2008, corporate liability is based on the way in which an organisation's activities are managed and organised, making it easier to prosecute companies and larger organisations.

The Act also removes Crown immunity to prosecution. Convicted organisations face unlimited fines and remedial and publicity orders may also be made.

Sex Discrimination

Employers should review their anti-harassment and dignity at work policies to ensure that they comply with the Sex Discrimination Act 1975 (Amendment) Regulations 2008. These Regulations, only published in mid-March, make several changes that had effect from 6 April 2008.

The definition of sexual harassment is widened to remove the causal link between harassment and the sex of the person being harassed. This means that a claim can be made by someone who is not subjected to the unwanted conduct him- or herself (such as a witness), but who nevertheless has his or her dignity violated or where an intimidating environment has been created for him or her.

The Regulations also makes it unlawful for an employer to fail to take reasonably practicable steps to protect employees from harassment by third parties where such harassment is known to have occurred on at least two other occasions.

The Regulations make other changes in relation to the extent to which it is not discriminatory to deprive a woman of the benefit of her terms and condition of employment during maternity leave. However, these apply where a woman's expected week of childbirth begins on or after 5 October 2008, so employers have some extra time to consider how these changes impact on their maternity practices.

Is any of this relevant to your business? Would you like to speak to us, confidentially and without obligation to see if we can help? Do call me, Helen Lawrence, today on 01993 880109 or E-mail me Helen@morgenhr.co.uk

Helen Lawrence – Managing Director – Morgen HR

www.morgenhr.co.uk

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