As an employer, ensuring that you are up-to-date on the latest regulations can be difficult. For many, this has proved particularly challenging in recent months, with a raft of employment law reforms, including many from Europe, now subject to further modification and consultation. Here’s a quick overview of some of the essential points.
 
 
Maternity and adoption leave
 
Women are entitled to take up to 52 weeks’ statutory maternity leave. This period is made up of 26 weeks of ordinary maternity leave (OML), followed immediately by 26 weeks of additional maternity leave (AML).
 
The employee may also be eligible to receive statutory maternity pay (SMP), with the first six weeks on 90% pay followed by 33 weeks on SMP of £128.73 (2011/12) (or 90% of average weekly earnings – whichever is the lower). The statutory adoption leave regulations mirror those for OML and AML.
 
Paternity leave
 
Qualifying employees (usually fathers) are entitled to up to two weeks of ordinary paternity leave, which can be taken within 56 days of the date of birth. To qualify, the employee must meet certain criteria – please see www.businesslink.gov.uk for further details.
 
New fathers may also take up to 26 weeks’ additional paternity leave to care for their newborn. The entitlement applies to fathers of children due or matched for adoption on or after 3 April 2011 and is only available to qualifying employees if the mother, or co-adopter, has returned to work before the end of their allowed maternity leave period.
 
Parental leave and time off for dependents
 
To qualify for parental leave, the employee must have at least one year’s continuous service with you and/or an associated employer and have parental responsibility for the child. The right applies to each parent and each child.
 
Those eligible are entitled to 13 weeks of unpaid parental leave if they have a child under the age of five, a child who is disabled and under the age of 18, or a child who was adopted within the past five years and is under the age of 18. An employee is entitled to 18 weeks’ unpaid parental leave if their child is in receipt of disability living allowance.
 
Following a vote by the European Parliament, the permitted period of parental leave is expected to rise from three to four months during 2012.
 
All employees also have the right to a ‘reasonable amount’ of unpaid time off to deal with an emergency involving a dependant. A dependant is a spouse, partner, child or parent, or a person who lives with the employee (but not as a lodger).
 
Flexible working
 
The right to request flexible working currently applies to parents of children under the age of 17 (under 18 if the child is disabled) or individuals who have caring responsibilities for certain adults. The right is limited to employees with 26 weeks’ continuous service. The Government has launched a consultation on plans to extend the right to request flexible working to all employees from 2015.
 
National Minimum Wage
 
Employees are entitled to receive a minimum wage. With effect from 1 October 2011, the main rate of the minimum wage, which applies to adults aged 21 or over, is £6.08 an hour. The development rate, which applies to those aged 18 to 20, is now £4.98 an hour, while the hourly rate for those aged 16 and 17 is £3.68. Eligible apprentices are entitled to £2.60 an hour.
 
Annual leave and time off for training
 
A worker’s statutory paid holiday entitlement is 5.6 weeks (28 days for a worker working a five-day week), although many employers choose to offer more. This can include public and bank holidays. The entitlement for part-time workers is calculated on a pro-rata basis, while special rules apply to workers below school leaving age.
 
Firms with 250 or more employees must also consider requests from eligible workers for time off to undertake training relevant to their role (known as ‘time to train’). The planned extension of the rules to SMEs was halted following a Government consultation, with a review scheduled for April 2015.
 
Unfair dismissal
 
To date, employees have been able to bring a claim for unfair dismissal after one year in employment. However, this qualifying period is due to rise to two years from 1 April 2012. In addition, a fee system will be introduced from 2013 for those employees who wish to raise a tribunal claim, with a view to reducing the number of ‘vexatious’ claims.
 
Agency Workers
 
Under the new Agency Workers Directive, UK agency workers who have completed 12 weeks of service in the same role with an employer are now entitled to many of the same employment and working conditions as other staff, including pay, overtime payments and holiday entitlements. Temporary workers can also enjoy certain staff facilities, including childcare facilities, canteens and transport services, from the first day of their employment.
 
This article is for guidance only. If you are unsure of your legal obligations, you should seek expert advice.