And a few more issues besides

17/02/2011

By Nick Hobden, Partner and Head of Employment.

Keeping abreast of the smaller changes to employment law can be difficult for the best of us. So here is a 'heads up' on some other developments that we can expect to see over the first few months of this year.

Financial awards

With effect from 1 February 2011, the maximum compensatory award for unfair dismissal was increased from £65,300 to £68,400. Perhaps even more importantly, the maximum amount of 'a week's pay' was increased from £380 to £400. This latter figure is used when calculating basic awards and statutory redundancy payments.

Equality Act 2010

Further provisions within the Equality Act 2010 come into force in April 2011. The most notable of these is perhaps the concept of dual or combined discrimination, which is expected to be rolled out. However it is also worth bearing in mind the new provisions relating to ‘positive action’ in recruitment and promotion.

Family friendly rights

With effect from April, the right to request flexible working will be extended to cover the parents of children up to 17 years of age. In addition, new rules relating to paternity leave will come into force.

The Bribery Act 2010

The Bribery Act 2010 was due to come into force in April 2011. Although it has now been delayed, businesses still need to begin to take account of its impact. Under the Act, employers will be held responsible for the actions of their staff, where such employees are found to have engaged in bribery. Employers will only be able to escape liability if they are able to show that they had put in place "adequate procedures" to prevent such conduct.

Employers should consider reviewing their policies, with the Bribery Act 2010 in mind. It is important to document clearly what is expected of your staff. It is equally important to consider how you encourage staff to approach you, if they become aware of a problem. If you need help with this issue, contact a member of the Employment team.