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In this bulletin we look at the new paternity leave regulations that come into force on 6th April, 2010 - but don’t panic just yet as they only relate to babies whose expected week of birth begins on or after 3rd April, 2011.
We also recommend that employers plan for the Football World Cup TV coverage and review their data protection procedures with advice from our partner, Oakview Consulting.
Finally, news of the increases to the National Minimum Wage effective from October, 2010.
As ever, your feedback is always appreciated so please do let us know if there’s anything else you would like to see in our e-Bulleting.
Kind regards,
Angela
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Paternity Leave Regulations 2010
The regulations pertaining to the new right to paternity leave have now been approved by the House of Lords and come into force on 6th April 2010 but will have effect only on children whose expected week of birth (or matching for adoption) begins on or after 3rd April 2011.
The Additional Paternity Leave Regulations 2010, specifies that additional paternity leave will be for a maximum of 26 weeks and a minimum of 2 weeks, and must not start until at least 20 weeks after the birth or placement for adoption and must end not later than 12 months after the birth or placement for adoption and can only be taken in multiples of complete weeks.
Fathers under this new regulation will be entitled to up to six months additional paternity leave provided the mother has returned to work, giving parents the option to divide a period of paid leave entitlement between them.
If the additional paternity leave is taken during the mother’s 39 week maternity pay period it will be paid leave at the same rate and way as Statutory Maternity Pay (which increases in April 2010 from £123.06 to £124.88 per week). Parents will be required to ‘self certify’ by providing details of their eligibility to their employer.
Employers and HMRC will both be able to carry out further checks of entitlement if necessary.
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Data Protection & Departing Employees
The Data Protection Act 1998 is often seen by businesses as a real pain, and something which is ignored or left on the ‘too difficult’ pile.
However, it could protect their business– and in fact may be more of a deterrent than restrictive covenants. One of the requirements of the DPA is that organisations collecting personal data must tell the individual involved what is being collected, and amongst other things, by whom and why.
How can this help an employer?
In 2003, a travel agent left his previous employer taking the database of customer details with him, setting up a rival agency using that information to market those customers. The individual admitted 13 offences, asked for 548 other offences to be considered – and was fined £2,600 with £1,300 costs.
The message is clear. The Information Commissioner will not tolerate sharp practice with personal data. So, employers may have another tool to use – but need to be careful that their policies, procedures and management of data need to be right. See here for details.
Call Oakview Consulting (08448 484853, or email infor@oakviewconsulting.co.uk for a FREE Data Protection HealthCheck for your organisation. Before it’s too late.
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Preparing for the World Cup
Research from PricewaterhouseCoopers advises that with World Cup fever growing 53% of working males and 21% of females intend to watch the 2010 World Cup matches scheduled to take place during office hours. Overall a staggering 39% of workers have advised that they intend to watch these games.
A poll of staff (14%) showed that they will be watching the World Cup at work with permission from their employer, 5% intend to watch without permission or call in sick. Another 20% of staff will take annual leave or use flexible working policies to take time off.
Employers will need to plan requests as this may have a big impact on staffing and productivity during this time. There is a large amount of goodwill to be gained from accommodating flexible working requests or allowing staff to take a couple of hours out to watch the games - not forgetting any foreign workers who may wish to watch their country play. With pay rises scarce and bonus pools down, this is a great way to thank and engage staff while bringing a very tangible opportunity to revisit and communicate flexible working policies.
Employers may consider putting screens up in workplaces or encouraging online viewing which are easy ways to give office based employee’s access to the games in real time. Organisations with mobile sales people or shop floor staff could face more of a challenge but making early arrangements will help mitigate this.
Not everyone is interested in football and those who are not might appreciate the opportunity to pick up some overtime covering the absent colleagues or time off to do charity work, careful planning and fairness is critical.
Businesses operating outside the 9 to 5 hours, particularly pubs should ask employees about their plans now as they may need to bring in temporary staff as not all the matches are in office hours!
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National Minimum Wage Changes
From October 2010, National Minimum Wage rates will increase from:
- £5.80 to £5.93 an hour for workers aged 22 and over
- £4.83 to £4.92 an hour for workers aged 18 to 20
- £3.57 to £3.64 an hour for workers aged 16 to 17
The rise is around the two per cent in each category.
At the same time the adult minimum wage rate will be extended to 21-year-olds from. Previously the qualifying age for the rate was 22.
The government also accepted a previously announced recommendation from the Low Pay Commission (LPC) to introduce an apprentice minimum wage of £2.50 per hour.
The new rate will apply to:
- apprentices under 19
- apprentices aged 19 and over, but in the first year of their apprenticeship
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Your Questions Answered
Q: What’s the difference between Sick Notes and Fit Notes?
A: Sick notes allow doctors to advise only whether a worker should or should not work. Fit notes, however, will allow doctors to tick an option to advise that an employee either:
- is "not fit for work" where he or she has a health condition that prevents him or her from working; or
- "may be fit for work taking account of the following advice" where he or she is not fit to return to work to perform all of his or her normal duties, but may be able to return to work if the employer offers some support.
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In Closing
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As always, I love to receive your feedback and I'd be especially grateful if you could let me know what you think of our new e-Bulletin layout and our new website. You can drop me an email via angela@crispinrhodes.co.uk or give me a call directly on 01908 576991. Also, don't forget you can download our new Desktop Guide to HR completely free of charge.
Lastly, please could I ask you to use the link below to forward this email onto anyone you think would benefit from keeping abreast of the latest changes to HR law? (And if you've been forwarded this email, you can subscribe to receive it every month by emailing or visiting our website)
Thank you once again, and for now I wish you all the best.
Kind regards,
Angela Rhodes
Crispin Rhodes Ltd
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Tel 01908 576991 - Fax 01908 607533 - Free HR Resources - Newsletter Archive - Contact Us
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Crispin Rhodes Ltd, 4 Aldrich Drive, Willen, Milton Keynes, MK15 9JH - VAT Reg No: 690381621
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Crispin Rhodes Ltd is a company registered in England and Wales with company number 3336715
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