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Employment Legislation Changes 2009/2010

 2010

Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment regulations 2010 come into force.

From 6 April 2010 the current sick note sysyem is to be changed. Doctors will no longer issue a 'sick note' indicating that an employee must refrain from work for a fixed period of time, instead a GP will issue a 'fit note' which will indicate whether an employee is 'unfit for work' or 'may be fit for work'.

NOT FIT FOR WORK

This is just like the old sick note where a doctor advises an employee to refrain from work for a fixed period.

MAY BE FIT FOR WORK

This means that in the doctor's opinion the employee's condition does not necessarily prevent them from returning to work but that they may need support in order to do this. If it is not operationally possible to support the employee's return to work the statement should be treated as if it stated 'not fit for work'. Your employee does not need to return to the doctor for a new statement to confirm this.

WAYS OF RETURNING TO WORK 

  • A phased return to work
  • Altered hours
  • Amended duties
  • Workplace adaptations

WHAT STAYS THE SAME

  • The form can still be used as evidence for why an employee can not work due to illness or injury
  • The statement is still not required until after the 7th calendar day of sickness
  • The employer's obligations under the Disability Discrimination Act have not changed

Social Security (Contributions) (Amendment)  Regulations 2010 come into force

The lower earnings limit for primary Class 1 national insurance contributions increases from £95 to £97.

Decrease of Maximum Unfair Dismissal Compensatory Award

1 February 2010

The limit on the compensatory award for unfair dismissal was reduced from £66,200 to £65,300.

 2009

ID Cards

From 24 November 2009 ID cards added to the list of documents that employers can accept as evidence of the right to work in the UK.

Centralised Vetting System for People Working with Children and Vulnerable Adults

12 October 2009

The safeguarding Vulnerable Groups Act introduced a centralised vetting system for people banned from working with children and vulnerable adults. Employers can make checks online with information being updated immediately when an individual is added to the list.

Employers knowingly employing individuals on the list or failing to make the relevant checks can be fined up to £5000.  

Employers prevented from including tips in minimum wage

From 1 October 2009 National Minimum Wage legislation was amended to prevent employers including tips in staff wages in order to meet the minimum wage requirements.   

Holiday Entitlement

From 1 April 2009 statutory minimum holiday entitlement increased to 5.6 weeks per employee (28 days per annum for a 5 day worker). 

Flexible Working

The right to request flexible working is extended to parents of children up to the age of 16 and carers of adults.

Employment Act 2008

On 6 April the Statutory Dispute Resolution Procedures was repealed and the 3 step procedure was replaced with the revised ACAS Code of Practice. .    

 


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