The business community routinely expects the Government to bring new employment laws into force on two occasions each year - April 1 (honestly) and October 1.
During the past couple of years, the landscape has been radically altered on these dates as we have been forced to grapple with issues such as family-friendly rights, statutory dispute resolution procedures and new discrimination rules preventing less favourable treatment on the grounds of religion or sexual orientation - to say nothing of a whole new regime for presenting and dealing with employment tribunal claims. Next October, of course, the long-awaited rules on age discrimination will come into force.
This October was quieter, with the majority of changes relatively low-key. Perhaps the headline change was the arrival of the Employment Equality (Sex Discrimination) Regulations 2005, which introduce for the first time into English employment law a formal definition of harassment. Harassment, under the new law, need not be overtly sexual in nature - for example, the making of unwanted sexual advances - but must merely be related to the sex of the recipient while not actually being sexual in nature. If the conduct, whatever it is, makes the recipient feel that their dignity has been violated, or results in them being subjected to an "intimidating, hostile, degrading, humiliating or offensive environment", then harassment has taken place.
Of equal importance to many businesses and workers is the annual increase in the national minimum wage brought about by the National Minimum Wage Regulations 1999 (Amendment) Regulations. The main adult hourly rate has increased from £4.85 to £5.05 an hour and the development rate - applying to 18 to 21-year-olds and workers undergoing certain types of accredited training - from £4.10 to £4.25 an hour. The rate of £3 an hour for 16 and 17-year-old workers remains unchanged.
The final important change relates to tribunal procedure - it is now compulsory to use standard forms to bring and defend claims.
* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com
Published: 18/10/2005
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