Managing staff
These regulations are designed to protect the employee in the workplace, through rules on areas including working time, statutory annual leave, sick pay and disability adjustments.
You can find the regulations that relate to managing staff below to the left.
|
Conduct of Employment Agencies and Employment Businesses Regulations 2003 Legislation ensures the regulation of employment agencies and businesses.
|
|
Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1979 These Regulations exempt certain named organisations from the licensing and other provisions of the Employment Agencies Act 1973
|
|
Employment Agencies Act 1973 (Exemption) (No 2) Regulations 1984 As above, this regulation amends specific exclusions to the Act.
|
|
Employment Agencies Act 1973 (Exemption) Regulations 1976 As above, this regulation amends specific exclusions to the Act.
|
|
Additional Paternity Leave (Adoptions from Overseas) Regulations 2010 These regulations set out the statutory entitlements to additional paternity leave when a child is adopted from overseas and the processes which employers and employees must follow.
|
|
Additional Paternity Leave Regulations 2010 These regulations set out the statutory entitlements to additional paternity leave and the processes which employers and employees must follow.
|
|
Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 These regulations set out details such as the eligibility requirements and notice an employee must give in order to receive Additional Statutory Paternity Pay when adopting a child from overseas.
|
|
Additional Statutory Paternity Pay (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations 2010 These regulations set out how employers can reclaim amounts of Additional Statutory Paternity Pay which they have paid to their employees.
|
|
Additional Statutory Paternity Pay (General) Regulations 2010 These regulations set out details such as the eligibility requirements and notice an employee must give in order to receive Additional Statutory Paternity Pay.
|
|
Additional Statutory Paternity Pay (National Health Service Employees) Regulations 2010 These regulations set out cases in which employment with more than one NHS trust may be treated as a single contract for the purposes of Additional Statutory Paternity Pay.
|
|
Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 These regulations set out the weekly rate of Additional Statutory Paternity Pay.
|
|
Companies Cross-Border (Mergers) Regulations 2007 The Regulations provide a framework whereby companies may engage in a cross-border merger
|
|
Data Protection (Processing of Sensitive Personal Data) Order 2000 This regulation determines the specific circumstances in which the processing of sensitive personal data can be carried out.
|
|
Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2004, These regulations remove the requirement for businesses to obtain insurance where limited companies employ only their owner and where that employee also owns 50% or more of the issued share capital in the company.
|
|
Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2008, This regulation removes burdens on business by allowing employers to display insurance certificates electronically and abolishes the need to keep insurance policies for 40 years.
|
|
Employers’ Liability (Compulsory Insurance) Regulations 1998, These regulations make it compulsory for employers to insure their liability to their employees against injury or disease sustained during employment and to display insurance certificates.
|
|
Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2007, These regulations amend the original act that sets out the proceedures that must be followed for resolving employment disputes.
|
|
Employment and Training Act 1973 (Repeals) Order 1981 This Order terminates certain sections of the Employment and Training Act 1973 which enable the Manpower Services Commission to provide careers service on behalf of a local authority.
|
|
Employment Protection (Continuity of Employment) (Amendment) Regulations 2001, These regulations ensure that an employee’s continuity of employment is not broken and lost in the event they have been dismissed and a successful arbitration process results in their reinstatement/ re-employment.
|
|
Employment Protection (Continuity of Employment) Regulations 1996 These regulations ensure that an employee’s continuity of employment is not broken and lost in the event they have been dismissed and reinstated as a result of making a successful claim under the Disability Discrimination Act 1995.
|
|
Employment Protection (Offshore Employment) (Amendment) Order 1977 These amendments to employment protection regulations are to ensure employees working offshore have rights such as maternity pay and an itemised pay statement
|
|
Employment Protection (Offshore Employment) (Amendment) Order 1981 This regulation extends the scope of the Employment Protection (Offshore Employment) Order 1976 to include any activities connected with the exploration or exploitation of the Frigg Gas Field if the employer is a UK company, futher provisons of the Employment Protection Act 1975 and substantive provisions of the Employment Act 1980.
|
|
Employment Protection (Offshore Employment) (Amendment) Order 1984 Further amendments to offshore workers rights and protection to include changes brought in by the Employment Act 1982.
|
|
Employment Protection (Offshore Employment) Order 1976, Regulation to ensure that employment law applies to people working in British territorial waters and designated areas of the Continental Shelf
|
|
Employment Relations (Offshore Employment) Order 2000 This regulation ensures that the same trade union and industrial relations rules apply in cases of offshore working.
|
|
Employment Rights Act 1996 (Application of Section 80B to Adoption Overseas) Regulations 2003 Regulations make provisions relating to paternity leave in the event where a child is adopted from abroad
|
|
Employment Rights Act 1996 (Application of Section 80BB to Adoptions from Overseas) Regulations 2010 These regulations make provisions relating to paternity leave in the event where a child is adopted from abroad
|
|
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, These regulations give fixed term employees the right not to be treated less favourably than a similar permanent employee.
|
|
Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 These regulations widen the scope of the statutory right for employees to request flexible working which previously applied to carers of children under 6 or disabled children under 18, to cover employees who care for certain adults.
|
|
Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007 These regulations supplement the 2006 Regulations and insert two further categories of adult in the definition of “relative” which had been intended to be included in the 2006 Regulations
|
|
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 These regulations set out the parameters for complaints, compensation and disciplinary in relation to the flexible working regulations.
|
|
Flexible Working (Procedural Requirements) Regulations 2002 These regulations specify how an employer must deal with a request from an employee to work flexibly
|
|
Information and Consultation of Employees Regulations 2004 These regulations establish the right for employees to be informed and consulted about issues affecting the business for which they work.
|
|
Maternity Allowance and Statutory Maternity Pay Regulations 1994, Amendments to maternity allowance and statutory maternity pay (SMP), for example, changing the weekly rate of maternity allowance and the start date for SMP – enabling women to choose the week they want their pay to begin.
|
|
Maternity and Parental Leave (Amendment) Regulations 2001 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Maternity and Parental Leave (Amendment) Regulations 2002 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Maternity and Parental Leave etc Regulations 1999 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Maternity Pay and Maternity Allowance (Transitional) Regulations 1987, Transitional regulations associated with the introduction of Statutory Maternity Pay and Maternity Allowance
|
|
Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations 2010 These regulations set out how Additional and Ordinary Statutory Paternity Pay and Statutory Adoption Pay apply to mariners or those working abroad who adopt a child from overseas.
|
|
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Amendment) Regulations 2002, These regulations remove the distinction between fixed-term and permanent contract workers for the purpose of ascertaining what are different types of contract. Also removes limits that can be awarded in the case of claims for access to occupational pension schemes.
|
|
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, These regulations give part-time workers the right not to be treated less favourably than a similar full time worker unless it can be justified.
|
|
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2001, These regulations ensure that part time workers are not treated differently to full time workers when negotiating compromise agreements to leave an employer
|
|
Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 These regulations set out the statutory entitlements to paternity and adoption leave when a child is adopted from overseas and the processes which employers and employees must follow.
|
|
Paternity and Adoption Leave Regulations 2002 These regulations set out the statutory entitlements to paternity and adoption leave and the processes which employers and employees must follow.
|
|
Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2003 This order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 that protects whistleblowers from detrimental treatment by their employer.
|
|
Reserve Forces (Safeguard of Employment) Act 1985 This legislation provides protection to reservists in returning to their employment following a period of active service for the UK’s armed forces.
|
|
Right to Time Off for Study or Training Regulations 2001 These regulations set out that where an employee between the ages of 16-17 years old, has not achieved a level 2 qualification they have the right to time off for study
|
|
Smoke-free (Exemptions and Vehicles) Regulations 2007 This regulations specify the circumstances where smoke-free legislation does not apply to vehicles used for work
|
|
Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2002, This regulation amends the meaning of ‘small employers’ to cover employers whose National Insurance Contributions paid in the previous tax year do not exceed £40000.
|
|
Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2003, Regulations make amendments to the process for employers to recover statutory maternity pay from the Government.
|
|
Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2004, This regulation amends the meaning of ‘small employers’ to cover employers with National Insurance contributions paid in the previous tax year of £45000 (raised from £40000).
|
|
Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994, This amendment changes the amount of Statutory Maternity Pay that employers can reclaim from the Government.
|
|
Statutory Maternity Pay (General) (Modification and Amendment) Regulations 2000, This regulation sets the rules for when women are dismissed or whose employment is terminated before the week they would qualify for maternity pay.
|
|
Statutory Maternity Pay (General) Amendment Regulations 1988, Amendments to the rules on how women qualify for statutory maternity pay if their employment is ended.
|
|
Statutory Maternity Pay (General) Amendment Regulations 1990, Amendments to regulation to enable women who are seasonal workers to qualify for maternity pay.
|
|
Statutory Maternity Pay (General) Amendment Regulations 1996, This amendment introduces a specific change that means a woman who receives a backdated pay award during her maternity leave period, the employer has to recalculate Statutory Maternity Pay entitlement, if the additional pay affects her entitlement to SMP.
|
|
Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2001, These amendments make it illegal for employers to not comply with statutory sick pay and statutory maternity pay rules.
|
|
Statutory Maternity Pay (General) Regulations 1986, These regulations set the rules for Statutory Maternity Pay, including whether women qualify for the payment and how employers should make those payments.
|
|
Statutory Maternity Pay (Medical Evidence) Regulations 1987 Regulations covering the medical evidence required to prove a woman is pregnant and her expected week of childbirth
|
|
Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006, Regulations that make changes to maternity pay, including increasing the payment period to 39 weeks, and allows payments of SMP to be paid for part weeks.
|
|
Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Administration) Regulations 2003 These regulations apply the process for employers to reclaim amounts of Statutory Paternity Pay or Statutory Adoption Pay which they have paid to their employees for overseas adoption cases.
|
|
Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No 2) Regulations 2003 These regulations set out details such as the eligibility requirements and notice an employee must give in order to receive Statutory Paternity Pay or Statutory Adoption when adopting a child from overseas.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 These regulations set out how employers can reclaim amounts of Statutory Paternity Pay or Statutory Adoption Pay which they have paid to their employees.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2006 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2004 These regulations set out the statutory entitlements to maternity and parental leave and the processes which employers and employees must follow.
|
|
Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 – as amended These regulations set out details such as the eligibility requirements and notice an employee must give in order to receive Statutory Paternity Pay or Statutory Adoption Pay.
|
|
Statutory Sick Pay (General) (Amendment) (Transitional) Regulations 1986, This regulation brings in changes to sick pay, that enable two periods of sickness to be treated as one if the gap between them was less than a certain amount of weeks
|
|
Statutory Sick Pay (General) (Amendment) Regulations 1986 Amendments that change the rules on how periods of sickness are calculated and paid for and introduces a maximum number of years sick pay can run for.
|
|
Statutory Sick Pay (General) (Amendment) Regulations 2008, Amends the information that employers need to provide to their employees who are sick to enable them to claim benefits. The changes also mean a new employer does not need to take into account sick pay of an employee with a previous employer when calculating payments.
|
|
Statutory Sick Pay (General) Amendment (No 2) Regulations 1987, Amendments that introduce periods for which pregnant women are not entitled to SSP, and amending the information employers are required to provide to their employee.
|
|
Statutory Sick Pay (General) Amendment Regulations 1984, These amendments bring in changes to the time limit by which an employee must inform their employer of sickness.
|
|
Statutory Sick Pay (General) Amendment Regulations 1985, Amendments that allow for certain specified days to no longer be treated as qualifying days for statutory sick pay
|
|
Statutory Sick Pay (General) Amendment Regulations 1987, Regulations setting out the circumstances when liability to pay statutory sick pay lies with the Secretary of State rather than an employer, where an employer becomes insolvent.
|
|
Statutory Sick Pay (General) Amendment Regulations 1996, Regulations amend the record keeping of Statutory Sick Pay.(reg 13) Where an employer makes a contractual payment to his employee which is equal to or exceeds the amount of SSP payable, it shall not be treated as a payment of SSP for record keeping.
|
|
Statutory Sick Pay (General) Regulations 1982, Regulations underpinning the provision of Statutory Sick Pay . For examjple, entitlements, time limits, record keeping, questions arising and definitions.
|
|
Statutory Sick Pay (Medical Evidence) Regulations 1985, Regulations covering the medical evidence related to a claim for Statutory Sick Pay
|
|
Statutory Sick Pay and Statutory Maternity Pay (Decisions) Regulations 1999, Regulations related to the handling of disputes regarding entitlement to statutory sick pay and statutory maternity pay.
|
|
Statutory Sick Pay Percentage Threshold Order 1995 (Consequential) Regulations 1995, Consequential regulations.
|
|
Statutory Sick Pay Percentage Threshold Order 1995, This order covers details of the circumstances when employers can recover some or all of the statutory sick pay they have paid to their employee(s).
|
|
Statutory Sick Pay (Mariners, Airman and Persons Abroad) Regulations 1982 These Regulations apply rules of Statutory Sick Pay to mariners, airmen, persons abroad and persons employed in operations on the Continental Shelf.
|
|
Suspension from Work (on Maternity Grounds) Order 1994, The Employment Rights Act provides that a woman will be entitled to be offered alternative work or to be paid her usual pay if she cannot continue her job because she is pregnant. These regulations set out the requirements or recommendations where this would apply, for example the job could be unsafe for a pregnant woman to do.
|
|
Suspension from Work on Maternity Grounds (Merchant Shipping and Fishing Vessels) Order 1998, As above but relating to the shipping industry
|
|
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 The Lawful Business Practice Regulations allow interception of any communications (whether inside or outside the organisation) so long as whoever controls the communications system has consented.
|
|
The Statutory Maternity Pay (Compensationof Employers) Amendment Regulations 2003 Regulations that amend rules on funding of employers liablity, advance funding, payments to the board, and payments by the board.
|
|
Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987 These Regulations provide for statutory maternity pay in relation to persons abroad, women who work as mariners or women who work on the continental shelf.
|
|
TICE Amendment Regs 2010 These regulations amend the TICE (Transnational Information and Consultation of Employees) 1999 Regulations to take account of changes to the law at European level
|
|
Time Off for Public Duties (No 2) Order 2000 This Order modifies Section 50(9) of the Employment Rights Act to add the General Teaching Council for England and the General Teaching Council for Wales to the list of relevant educational bodies. These count as organisations people can request time off from their employer to serve as volunteers.
|
|
Time Off for Public Duties (Parent Councils) Order 2007 This order amends Section 50 (9) (d) of the Employment Rights Act 1996 to substitute the wording “parent councils” for “school boards”.
|
|
Time Off for Public Duties Order 2000 This order adds Scottish water and sewerage authorities and Water Industry Consultative Committies to the list of bodies specified in the Employment Rights Act 1996 as organisations an employee can take time off during working hours in order to attend meetings or for other purposes connected with the fuctions of the body.
|
|
Training for Work (Miscellaneous Provisions) Order 1995,
|
|
Transfer of Undertakings (Protection of Employment) (Greater London Authority) Order 2000 These regulations specifically deal with protecting an employee’s terms and conditions when transfering their employment to the Greater London Authority when it was created in 1999
|
|
Transfer of Undertakings (Protection of Employment) (Rent Officer Service) Regulations 1999 These regulations protect the terms and conditions of employees providing clerical and administrative assistance to rent officers when responsibility moved from local authorities to the Secretary of State of DTI in 1999
|
|
Transfer of Undertakings (Protection of Employment) (Transfer to OFCOM) Regulations 2003 As above but relate to staff transferring from the Broadcasting Standards Commission, the Radio Authority, the Radiocommunications Agency and the Director General of Telecommunications with the formation of OFCOM under the 2003 Communications Act
|
|
Transfer of Undertakings (Protection of Employment) Regulations 2006 Regulations implementing European Commission Acquired Rights Directive, designed to safeguard employees’ rights where the business, part of a business or a service provision in which they are engaged in changes hands. They also benefit employers by smoothing the process of necessary business restructuring and public sector modernisation.
|
|
Transnational Information and Consultation of Employees Regulations 1999 Regulations which establish the right for employees of multinational businesses to be informed and consulted about transnational issues affecting the business
|
|
Working Time (Amendment No 2) Regulations 2006 An EU based health and safety law covering hours at work, annual leave entitlements, rest break provisions and night working. This is an amendment to the original 1998 regulations to clarify offshore work
|
|
Working Time (Amendment) Regulations 2001 As above, this is an amendment to the original 1998 regulations to remove an incompatible qualifying period following an ECJ judgement.
|
|
Working Time (Amendment) Regulations 2002 As above, this amends the 1998 regulation so they are compliant with 1994 young people at work directive.
|
|
Working Time (Amendment) Regulations 2003 As above, this amends the 1998 regulation so that it is compliant with the 2000 EU Working Time Directive.
|
|
Working Time (Amendment) Regulations 2007 As above, this is an amendment to the original 1998 regulations to increase amout of annual leave from 4 weeks to 5.6 weeks.
|
|
Working Time Regulations 1998 This regulation implements the EU Working Time Directive (1993)
|
|
Working Time Regulations 1998 (Amendment) Regulations 2004 Amendment to the original 1998 regulations to extend the definition of a lawyer.
|
|
Working Time Regulations 1999 Amending the original 1998 regulations to make record keeping less prescriptive for employers whose staff sign the optout of the working time directive
|
|
National Minimum Wage Regulations 1999 This regulation sets detailed rules on operation of the National Minimum Wage (NMW)
|
|
National Minimum Wage (Increase in Development Rate for Young Workers) Regulations 2000 This regulation increases NMW rates for workers aged between 18 and 22
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2000 This regulation increases NMW rates and amends provisions on apprentices, time work and salaried hours work
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2001 This regulation corrects an unintended anomaly by bringing agency & home workers within scope of exclusion for NMW for trainees on Government training schemes
|
|
National Minimum Wage Regulations 1999 (Amendment)(No 2) Regulations 2001 This regulation increases NMW rates and makes changes to definitions of “training”
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2002 This regulation increases the NMW rates and clarifies which NMW rate applies in a particular pay reference period
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2003 This regulation increases minimum hourly rate and changes way the accommodation offset is calculated
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2004 This regulation changes the way in which NMW is calculated for output workers
|
|
National Minimum Wage Regulations 1999 (Amendment)(No.2) Regulations 2004 This regulation increases NMW rates and amends list of apprenticeship schemes and record keeping requirements for employers of workers under fair piece rates
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2005 This regulation increases NMW rates and exempts those in the Leonardo da Vinci Programme from the NMW
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2006 This regulation increases NMW rates and makes it clear that a worker who does not qualify for the NMW is not entitled to the youth rates
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2007 This regulation increases NMW rates, exempts further categories of work experience from the NMW and changes accommodation offset rules for local authorities and registered social landlords
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2008 This regulation increases NMW rates and makes provision for people on Government employment programmes
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 This regulation increases NMW rates, exempts workers on two EU Lifelong Learning Programmes from the NMW and provides that tips do not count as pay for NMW purposes.
|
|
National Minimum Wage Regulations 1999 (Amendment) Regulations 2010 This regulation increases NMW rates and provides for a new apprentice minimum wage.
|
|
National Minimum Wage (Amendment) (No2) Regulations 2010 This regulation provides that payments from an employer for travelling expenses that are tax deductible do not count towards the NMW
|
|
The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 These regulations seek to safeguard employees’ rights to employee involvement in a European Public Limited Liability Company
|
|
The European Cooperative Society (Involvement of Employees) Regulations 2006 These regulations seek to safeguard employees’ rights to employee involvement in a European Cooperative Society
|
|
The Education (Student Loans) (Repayment) Regulations 2009 These regulations govern repayments of student loans by borrowers who have taken out income-contingent repayment loans for courses which began any time during or after September 1998
|
|
The Education (Student Loans) (Repayment) Regulations 2009 (Ammendment 2010) The amendments serve to ensure that the student loan repayment system remains aligned with Her Majesty’s Revenue and Customs
|
|
The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 These amendments change the time limited threshold for re-payment of student loans and introduce new penalties placed on employers if they do not pay tax or file returns on time.
|
|
The Right to Request Time to Train Regulations 2010 The Right allows employees to ask for time to train for accredited and unaccredited training to help them develop skills relevant to their job, workplace or business. The Government announced in March 2011 the Right, which currently only applies in businesses with 250 or more staff, would not be extended to SMEs. Formal evaluation of the Right will take place in April 2015, enabling an evidence based decision on whether the right should remain as it is, be extended or repealed. Comments received as part of the Red Tape Challenge will inform the evaluation.
|
Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
The rules on SSP are so complex. I did not realise until helping a small business just how difficult it is to work out entitlement and the NI rebate. This client had a part time worker on £105 per week and has had to pay £85 per week as SSP is a standard weekly allowance not pro rata to hours worked. Net cost to employer was £15 after rebate but this has cost tax payers. The doctor readily gave 4 weeks off without stating any reason on the fit to work note. The employee then said there was no incentive to return to work any earlier even though she was well enough.
Then there is the issue of accruing holiday pay when on long term sick. One of my clients now has staff claiming back over 4 years! The ECJ has ruled on this and given a green light to limiting it to accrual of 15 months…how much longer before the Govt acts?Comment Tags: Pay during sickness
I am commenting as a Small Business owner employing approx 65 people.
Maternity rights – specifically the right for the employee to be entitled to a full year of holiday pay for the year of maternity – this costs our business more than the person being off in the first place. In current law, you can easily have the situation that an employee starts with you on Day 1, they notify you that they are pregnant on Day 2, they are entitled straight off to a full 12 months of maternity leave PLUS 29 days of accrued holiday which in reality means that they are out of the business for 13.5 months not 12 months. Then, 4 weeks before they are due to return to work the employee can resign and still be entitled to payment of the full years accrued holiday, so the end result is that you have had maybe 6/7 months of working time but for that you have had to pay 51 days of holiday in total. Which equates to a holiday rate of 30% of the working time, instead of the usual rate of 11%.
Recommendation: allow holidays to be taken as part of the maternity leave period or withdraw the entitlement to holiday when on mat leave.
Sickness – this is a minefield as acknowledged by the employment tribunals as not being clear in law. For example a recent Spanish employment case which went to the EU employment tribunal (and therefore forced to be adopted by the UK) established that workers are entitled to holiday pay whilst on long term sick and that if their sickness takes them over a holiday year they are entitled still to be paid for holidays from a previous year (unlike any other employees who must take their holiday or lose it under current laws). So again, scenario of Day 1 employee starts, Day 2, they go off sick, you are required to pay SSP for 26 weeks for all employees no matter what length of service, cost of £500/month, which is £3000 then also give them a full entitlement for holiday during that time, which would equate to 14.5 days. You cannot generally dismiss whilst someone on sick leave so you would have complications and delays in moving them out of the business if they are not able to return, in all that time they would still be entitled to holiday pay. It would probably take around 2 months to effect fair dismissal so another 2 months of holiday pay. In all that time you cannot replace someone into their role, other than a temp, so if they are in a key position, you are tied in knots.
Recommendation: clarify the law on holidays during sick leave. Allow employers the right to make the employee take the holidays during a period of sickness.
Capability vs health and safety – in current law there are clear conflicts between employment law and health and safety law. As an employer you are obliged under law to look after the health and safety of your workers. However in employment law you are not permitted to dismiss/discriminate against someone with a disability. However I have had numerous cases where someone develops or (unbeknown to us) already has a condition that precludes them from doing their job. It becomes in law a capability issue. As an employer you are required to make reasonable adjustments which we do as a matter of course but that can only take you so far – if someone is fundamentally incapable of doing a job it doesn’t matter how many adjustments you make, its not going to work. However you cannot dismiss because they could claim it is disability discrimination but equally you cannot have them working because it compromises their health and safety at work, which as an employer you are obliged to protect.
Recommendation: Clarify the law and resolve conflict between health and safety and employment law. Make it easier for employees to dismiss employees who have no realistic prospect of being able to continue in their job role due to capability issue provided the employer has followed all reasonable steps and adjustments to accommodate the capability issue.Comment Tags: dismissal on grounds of capability, maternity leave, sickness holidays
Maternity/Paternity/Parental/Flexible Woirking Leave & Pay
Merge and simplify all the current legislation in to Family Legislation. The current rights are too many and too restrictive from a company perspective and employees feel like they are ‘hoops’ to jump through rather than actually of any use to them. Legislation should also place a responsibility on parents to comply with communication requests to ensure the employer is able to plan effectively. the whole purpose of the rights are for fairness and equality which is positive but the balance of employer/employee fairness and equality is tipped in favour of the employee and is employee driven. Waiting until the 11th hour for an employee to notify if they are returning to work after maternity leave is an unacceptable pressure on the business.Comment Tags: family, Maternity, Paternity
Without children where would our future be? The cost of living in a free democratic society, capitalistic, socialistic, responsible, law and order society yes comes at a cost and also brings in wealth. I do not accept arguments based on other countries don’t provide and they are harder to compete with in a global market so why should we provide. We provide because it generates more even wealth and dispenses fairness, although it still has never gone far enough equally. Nappy manufacturers and baby food etc the list is endless, it is the same for everything! Fair Capitalism is the future for any DEVELOPED country and social responsibility by all, the trick is how you compete with other countries or companies going overseas to get the labour costs down and make excessive profits (profiteering) from the repressed. It is sadly to say we need better legislation and laws to encourage the companies to actually manufacture the goods in the destination they are required. Realistically if the goods cannot be made in that country because of merely you cannot get the materials required such as Chinese silk then the importing of such goods is the other countries business to supply. Again it is down to taxation! Taxation on imported goods to discourage profiteering and the balance can be addressed by lowering taxation on exported goods.
Minimum wage shows the significance to what was happening before its arrival even in a developed country, and when you here Conservative MP’s in the House of Commons say “disabled people should work for less than the minimum wage to make them more desirable to an employer” sickens me to the core. I think it is fair to say there is a minimum wage and it has worked, could be better, it would also be fairer to say there should be a maximum across the board of all salaries, here is where the price of the goods would come down, a national salary reduction plan, this would make us more competitive to foreign goods and a global economy (the cost of goods and services is in the price of the goods and service). It would be cheaper for everyone.
Legislation needs to be simplified for the benefit of all wherever possible, so does working practise in the country you make your money in.Comment Tags: disabled, dismissal, minimum wage, sick pay
Now we are in a recession we should recognise that the UK operates in a world wide economy, in direct competition for our livelihoods with countries which have no rights burdens whatsoever. All these rights have a cost, even though some of this is apparently paid through the benefits system. That system is paid for by all of us who pay taxes either as individuals or as commercial enterprises.
The great raft of Maternity provisions,and rights before, during and after the event. are a good, but not the only example of the need to cut back, simplify or even abolish present legislation. When someone makes a lifestyle choice to have children it should be just that and not have a knock on effect on the employer. Certainly enterprises below a certain size should be exempt.. As an aid for equal rights and opportunities for women it has also probablly had a negative effect as employers are wary of managing the minefield of legislation which has been generated in this area. The real winners here have been the lawyers who have nurtured an industry based on its growing complexities. Much of the current legislation should be abolished since it is beyond the comprehension of the layman.Comment Tags: Equal Rights Legislation & Maternity Provisions
If anything, maternity n paternity leave should be better paid for those who will be returning to the job.
parents are just as valuble as the the next taxpeyer so why should parents be treated like [text deleted] when we are returning to work, some having to put their babies in the hands of others to care for. from personal experiance, I worked harder whist pregnant than some co-workers I know and are not!!!
people point the finger [text deleted]Comment Tags: maternity rights
Current Maternity leave regulations are very employee driven. Continuing to accrue annual/Bank & Public leave entitlement during maternity leave together with eligibility to bonus payment the employee hasn’t been in the business to earn is expensive for the business to manage on top of providing these entitlements to the person brought in to cover the maternity leave period. Bonus entitlement and holiday entitlement should cease when the employee takes their maternity leave. Current legislation does allow employers to maintain reasonable contact with employees which can include plans for returning to work however this is not strong enough when dealing with employees who return to their home country for the period of maternity leave and are not contactable or those who just refuse to discuss anything with you. It is wrong that a business must accept that the employee may or may not return to work because the employee needs to do no more than just turn up! Legislation should enforce notificiation from the employee regarding their plans to return at any point during the leave period to enable the business to plan effectivelyComment Tags: Maternity
Employers’ Liability (Compulsory Insurance) Regulations 1998, dealing regularly with cases were employees are injured, suffer from industrial diseases i feel that this legislation should be kept and if possible strengthened. If it is weakened or scrapped then that could mean that some of these would be unable to get compensation as their employers may not be able to afford to pay without having liability insurance.Comment Tags: #regulation, employers liability insurance
We are still suffering from the effects of allowing the financial institutions to argue that de-regulation would be beneficial to all. Although I would agree that it worked very well for bankers it didn’t do the rest of society any good. I fail to see why reducing employment regulation should be any more likely to benefit the majority. No doubt it will increase the profits of employers. Why don’t we just give the employers a handout from our taxes (as we have done to the bankers) and not bother with changing the legislation?Comment Tags: #regulation
The idea that the time you must be employed before you can claim Unfair Dismissal should be increased to two years is nothing less than scandalous. If you have been employed you ought to be able to claim against Unfair Dismissal should exist from Day 1. Why should an unfair act EVER be free from censure.Comment Tags: dismissal
Increase the rate to £7.50 per hourComment Tags: minimum wage
The minimum wage needs to be more realistic. I am in a relationship and i work 40hrs a week i earn £250.00 after tax. I am 40 yrs old and have worked through 2 serious recessions. In the last recession companys took advantage because there was no minimum wage. I worked 70 hrs for £70.00 because it was the only job available at the time and i am a qualified chef who worked in 5 star hotels like orient express and for the royal show etc. this was allowed to happen because there was no minimum wage and companys just took advantage. I am now 40 and am expected to support my partner and pay all the bills on my wage off £250.00. In the last 3 months i have been seriously ill in hospital and not able to work full time but i still get to much money to get benefits . I cant afford to get on the property market and i am forced to live in a council property I can only just pay my bills on my wage as everything has gone up so much. I have a disability after an industrial accident which left me with a 35% loss of use in my left arm but i still get up and go to work. I cant afford to socialise as i cant afford to go drinking or go out for a nice meal or on holiday because you expect us to live on nothing. Get people working and a better bus service then i can catch the bus and save £2000 a year on car expensise better still sort out the insurance companys that thin its ok to charge £700.00 for someone with 23yrs clean driving license and 9 yrs no claims on a 1.4 citreon saxo and i am 40yrs old. There is more i could say but if you want to here more please write to me
I am afraid Miss Green that you like the rest of us a the subject of greed by employers, NOT ALL EMPLOYERS but a good deal of them. They took their lead from the large corporations who always want more. Enough never seems to be enough for these greedy individuals. My only solice is that if Dantes Inferno is to be believed then these individuals will spend eternity in the lower eschealons of hell choking for an eternity on their greed.Comment Tags: Corporate greed
I am not sure how i feel about flexible working, if we all got this we could never run a business the way it should b, everyone would be asking to work the same. Flexible working for parents is fine if there job is not based on opening early & later hours, how is it fair that because you have children you receive all the shifts that suits your needs and someone without children doesn’t get this option?
Different employees will have different needs depending on their own particular circumstances. For example not all parents would want to work the same hours flexible or not ,so different hours would be wanted by each employee. As long as this falls within the normal operating hours and all services/tasks are covered, then flexible working will benefit your business.
Why? You will have a workforce that is more motivated and less likely to ‘pull a sickie’ when they desperately need time to commit to family or other pursuits. Also, they will be more likely to help out and change hours to suit the business where necessary if they feel that is what the business does for them.
I myself have tried this with my workforce and it works. I was asked by my employers why my unit (which was operating in the difficult South East) had better staff turnover and retention rates than most others in the country (better even than areas where jobs were difficult to come by). My approach to flexible working was the answer. It commands respect and loyalty from your workforce and you get back far far more than you give.Comment Tags: flexible working
I think this is just typical of a conservitave government always trying to screw the working class people who are trying to better themselfs. If anything the pay should increase on par with inflation!
The National Minimum Wage is, in my view, important. By obliging employers to pay staff acceptable wages, the government could reduce the total amount of state welfare being paid to low income households.Comment Tags: Minimum Wage and State Welfare
There are many people on this site who are calling for no change to employment regulation, or even an increase in regulation. However, with respect to those voices they do not, on the whole, appear to be people who actually employ others. The majority of employers and their representative groups are calling for reform and deregulation of the labour market because they realise that regulation has reached a pitch where it is burdensome to business and inimical to job creation. These are the people policy makers must listen to.
Without going in for wholesale scrapping of employment protection there are plenty of changes that could be made to even things up, I could think of a dozen at least. Where regulations are necessary they could be made less complex, there is an urgent need for change – policy makers need to get to grips with this.Comment Tags: #regulation