What should employers expect in 2010?

The Equality Bill

The Equality Bill, which will harmonise and strengthen discrimination law, is expected to receive Royal Assent in April 2010, with the majority of its provisions coming into force in October 2010. The Bill includes proposals to make gender pay discrimination more transparent; widen the definitions of direct discrimination and harassment to cover claims based on “association” and “perception”; and allow employers to choose between two “equally-qualified” candidates by selecting one from an under-represented minority.

 “Fit” notes

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 are expected to introduce new “fit notes” in April 2010, which will replace “sick notes”. The new notes will give employers more information on an employee’s medical condition, as they allow GPs to state if the patient is fit for work, for some work or for no work at all.

The Apprenticeships, Skills, Children and Learning Act 2009

The Apprenticeships, Skills, Children and Learning Act 2009, which introduces a new apprenticeship structure and a new right for employees to request time off work to undertake study or training, will come into force on 6 April 2010 for employers with 250 or more employees.

Additional paternity leave and pay

The Government intends to introduce additional paternity leave, some of which will be transferable from the mother to the father, for parents of babies born on or after 3 April 2011. Businesses must ensure that their policies are updated by mid-2010 to take account of this change. Even if there is a change of government at the next election, the Conservative party has said that it is committed to extending paternity provisions.

Default retirement age consultation

The Government has brought forward its review of the default retirement age from 2011 to 2010. It has launched a consultation on the issue and has asked businesses and individuals for evidence on the default retirement age by 1 February 2010.

Blacklisting of trade union members

The Government plans to bring revised regulations into effect “in early 2010”, which, subject to parliamentary approval, will prevent workers from being “blacklisted” as a result of their union membership or activities.