Advertisement

The only solution you’ll ever need, however big you grow or far you reach.

Choosing a stable business partner who is capable of delivering true innovation underpinned by continuous investment and secure support is essential. Adapt specialist software from Bond is chosen by more leading recruitment companies than any other. Wherever your business is heading, Adapt has the infrastructure and the experience to meet your global challenge.   

To see what the future of recruitment software looks like, please visit www.bondadapt.com/adaptv11demo or call the sales team on +44 (0) 1903 707070 or sales@bond.co.uk to arrange a full demonstration

Article: Employment and the Law - Recent Developments by Louise Fernandes-Owen

Louise Fernandes-Owen of Field Fisher Waterhouse LLP examines the latest key employment law developments. 

Guidance on the new Equality Act 2010

The Equality and Human Rights Commission has published a series of guidance documents to help explain the new Equality Act 2010 and provide practical examples on how the law will be changing.

The guidance documents currently cover employers, workers, service providers and service users. The guidance is due to come into force on 1 October 2010. 

“One in, one out” approach to regulation

The Government has announced its new “one-in, one-out” approach to regulation. From 1 September 2010, Ministers who seek to introduce new regulations, which will impose costs on business or the third sector, will be required to identify current regulations with an equivalent cost that can be removed.

The new system has been designed to apply initially to domestic legislation affecting businesses and the third sector, with Ministers intending to expand the system in due course. The Government has also announced that Ministers will take a rigorous approach to tackling EU regulations and the ‘gold-plating’ of EU legislation, so that when European rules are transposed into UK law, it is done without putting British businesses at a competitive disadvantage in relation to other European companies.

Right to request time to train – under review

The Government has issued a consultation paper, seeking views on whether the new ‘right to request time to train’ should be repealed, retained for large organisations or extended as planned.

From 6 April 2010, the former Government introduced a new right to request time off to study or train for employees working for employers with 250 or more employees. The right was due to be extended to all employers from April 2011. The new Government, in line with its intention to review all regulations to reduce burdens on businesses, has issued a consultation to gauge views of this legislation and whether it is improving training opportunities for employees.

The Government is specifically seeking views on whether the right:
• should be repealed; 
• should be retained only for large organisations; 
• should be extended to small and medium sized organisations from April 2011 as planned; 
• if retained for large organisations or extended, could be amended so it is less burdensome on employers who already train; and if this could be achieved in ways that do not increase complexity or reduce legal certainty. 

Views are sought by 15 September and the Government response to the consultation will be published in December 2010.

Default retirement age to be phased out

The Government has announced that it will remove the default retirement age of 65 introduced by the Employment Equality (Age) Regulations 2006. It proposes to begin phasing out the default retirement age (DRA) from April 2011. The Government's proposals are subject to a consultation which will run until 21 October 2010. 

They key proposals are as follows:
• Retirements using the DRA would cease completely on 1 October 2011 and employers would be unable to issue new notifications of retirement using the DRA on or after 6 April 2011. 
• There would be a six month transitional period (from 6 April 2011 to 1 October 2011) so that retirements that were already in progress could continue through to completion, provided that a notification of retirement is issued by the employer prior to 6 April 2011, the date of retirement falls before 1 October 2011 and all requirements of the DRA procedure are met. 
• Although the Government is proposing to remove the DRA, it would still be possible for employers to operate a compulsory retirement age, provided they can objectively justify it. 

The consultation will run until 21 October 2010. The Government intends to publish a response in November 2010.

Equal Pay Code of Practice

The draft Code of Practice on Equal Pay, which the Employment and Pensions Group at Field Fisher Waterhouse worked with the Equality and Human Rights Commission to produce, has now been approved by the Secretary of State and has been laid before Parliament.

Along with the other Statutory Codes of Practice on Employment and Services, Public Functions and Associations (published in draft in January 2010), this Code is expected to come into force in October 2010.

Louise Fernandes-Owen is the Professional Support Lawyer in the Employment and Pensions Group at Field Fisher Waterhouse LLP and can be contacted at louise.fernandes-owen@ffw.com 

Advertisement

Free Website Consultation

As time moves on so does technology. Web savvy recruitment companies constantly review their website and how well they are performing. Technology, Search Engine Optimisation and accessibility is ever evolving and without any attention, a website that was built as little as 2 years ago is likely to be outdated and almost invisible to the search engines.

For a limited time only HotLizard are offering Free Website Consultation to companies looking to improve their recruitment website and its performance. To arrange your consultation with the experts call 01625 527900 or email websites@hotlizard.net.