Employment Law Update/Spring 2011 Recent updates in Employment Law

From the 3 April 2011, a new mother will be able to transfer up to six months of her maternity leave to the father, if she decides to return to work before the end of her leave in respect of babies due on or after 3 April 2011 and to adoptive parents who are informed that they have been matched with a child for adoption on or after that date.  Some of the leave may be paid if taken during the mother’s 39 week maternity pay period at either the lower or standard statutory maternity pay weekly rate.  The Government have stated that the regulations are an interim measure until the new flexible system of shared parental leave is in place.

Positive action in recruitment and promotion

Section 159 of the Equality Act 2010 will be brought into force as from the 6 April 2011 which permits employers to take into account under representation of a particular protected group - notably those persons with a disability, or with sex, race or age issues who are considered to have a “protected characteristic”.  As a result, an employer making a recruitment or promotion decision will be allowed to take a protected characteristic into account, if the employer reasonably thinks a candidate has a protected characteristic which is under represented in the work force, or that people with the characteristic suffer a disadvantage.

It should be stressed that the positive action is entirely voluntary and employers are not required to use the provisions nor can they lead to “quotas” or giving someone a job just because they are a woman, disabled or from an ethnic minority.

Statutory Sick Pay

Increased from £79.15 to £81.60 from 6 April 2011 with the weekly earnings threshold rising from £97 to £102.

Statutory Maternity, Paternity and Adoption Pay

Increased from £124.88 to £128.73 from the 3 April 2011 and the weekly earnings threshold rose from £97 to £102.

For more information on this and other employment related matters, please contact Polly Plant.