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Good morning!
Our newsletter is intended to be interesting and
informative covering a range of employment issues,
updating you with employment law and providing
interesting articles relevant to the construction
industry.
If you have any suggestions for future issues or
would like to see a new subject covered please let us
know. Also any nice comments on the newsletter -
or I suppose any criticisms would be welcome.
Any comments or articles in the newsletter that
concern employment law or legal matters are for
information only and you should always take
professional advice.
| Businesses urged to consider fire safety legislation change |
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Businesses are being urged to take advantage of new
guidance on forthcoming fire legislation safety
changes, published by the Department for
Communities and Local Government.
Businesses are being urged to take advantage of new
guidance on forthcoming fire legislation safety
changes, published by the Department for
Communities and Local Government.
From October 1st this year, the responsibility for fire
safety will lie with employers, self-employed people
with premises and those responsible for buildings with
public access.
It will entail that employers have to ensure the
safety of everyone who uses their premises and
those in the immediate vicinity who may be at risk if
there is a fire.
Sir Graham Meldrum, the head of Her Majesty's Fire
Service Inspectorate, said the forthcoming changes
would "do away with the existing 70 separate pieces
of legislation and replace them with a new regime
focussed on preventing fires happening in the first
place".
Explaining that the new obligations would not entail
that firms would incur greater costs, Sir Graham also
maintained that those who did not comply could face
prosecution.
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| Equality and Diversity: Age Discrimination in Employment and Vocational Training |
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The Employment Equality (Age) Regulations 2006
come into force on 1 October 2006.
The regulations (which will not affect the age at
which people can claim their state pension) will:
- ban age discrimination in terms of recruitment,
promotion and training
- ban unjustified retirement ages of below 65
- remove the current age limit for unfair dismissal
and redundancy rights
They will also introduce:
- a right for employees to request working beyond
retirement age and a duty on employers to consider
that request
- a new requirement for employers to give at least
six months notice to employees about their intended
retirement date so that individuals can plan better
for retirement, and be confident that "retirement" is
not being used as cover for unfair dismissal
Scope of Regulations
The Regulations apply to employment and vocational
training. They prohibit unjustified direct and indirect
age discrimination, and all harassment and
victimisation on grounds of age, of people of any
age, young or old.
As well as applying to retirement they:
- remove the upper age limit for unfair dismissal and
redundancy rights, giving older workers the same
rights to claim unfair dismissal or receive a
redundancy payment as younger workers, unless
there is a genuine retirement
- allow pay and non-pay benefits to continue which
depend on length of service requirements of 5 years
or less or which recognise and reward loyalty and
experience and motivate staff
- remove the age limits for Statutory Sick Pay,
Statutory Maternity Pay, Statutory Adoption Pay and
Statutory Paternity Pay, so that the legislation for all
four statutory payments applies in exactly the same
way to all
- remove the lower and upper age limits in the
statutory redundancy scheme, but leave the current
age-banded system in place
- provide exemptions for many age-based rules in
occupational pension schemes
Guidance
http://www.dti.gov.uk/employment/discrimination
/age-discrimination/index.html
Acas has published good practice guidance on the
regulations. Age and the
workplace is available free online or can be
ordered from the publications orderline on 08702 42
90 90. If employers need further help, they can
register online for one of the Acas training courses.
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| Work and Families |
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The Government has published draft regulations
amending the Maternity and Adoption Leave
Regulations. These amendments arise from the
Government’s response to the Work and Families
Consultation in October 2005. The intention is that
the amended maternity and adoption regulations will
apply to the parents of children expected to be born
or placed for adoption on or after 1 April 2007 and
the flexible working regulations will apply from 6 April
2007.
Maternity and Parental Leave (Amendment)
Regulations 2006, in force 1 October 2006, will,
amongst other things
- remove the additional length of service qualifying
condition for additional maternity leave, so that an
employee who qualifies for ordinary maternity leave
will also now qualify for additional maternity leave
- extend the period of notice that an employee is
required to give to an employer of her intention to
return to work before the end of her additional
maternity leave from 28 days to eight weeks
- entitle an employer to make 'reasonable contact'
with an employee while she is on maternity leave
- allow an employee on maternity leave to agree
with her employer to work or undertake training or
activities to enable her to keep in touch with the
workplace for a limited number of days during the
maternity leave period without bringing that period to
an end.
The Paternity and Adoption Leave (Amendment)
Regulations 2006 bring in the same provisions for
adoption leave as set out above, apart from the
removal of the qualification for additional leave.
The Flexible Working (Eligibility, Complaints and
Remedies) (Amendment) Regulations extend the
right to request flexible working to carers of adults.
However, the employee must have 26 weeks
qualifying service to be eligible to make a request
and the adult to be cared for must be: married to,
the partner or civil partner of the employee; a
relative of the employee; or living at the same
address as the employee.
Read more about work and families
Work
and families choice and flexibility: Draft regulations
on maternity and adoption leave and flexible working
(PDF 269Kb)
DTI website: http://www.dti.gov.uk/employ
ment/balancing-work-family-
responsible/index.html
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| National Minimum Wage |
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It applies to nearly all workers and sets hourly rates
below which pay must not be allowed to fall. It helps
business by ensuring companies will be able to
compete on the basis of quality of the goods and
services they provide and not on low prices based
predominantly on low rates of pay. The rates set are
based on the recommendations of the independent
Low Pay Commission.
The National Minimum Wage will increase again in
October 2006
The minimum wage is a legal right which covers
almost all workers above compulsory school leaving
age. There are different minimum wage rates for
different groups of workers as follows:
- The main rate for workers aged 22 and over is
currently set at £5.05 an hour. On 1 October 2006
this will increase to £5.35
- The development rate for 18-21 year olds is
currently set at £4.25 an hour this will increase to
£4.45 on 1 October 2006
- The development rate for 16-17 years olds. This
rate is £3.00 an hour. This will increase on 1 October
2006 to £3.30 an hour
- On 1 October 2006 the rate of the
accommodation offset will increase to £29.05 per
week (£4.15 per day). The current rate is £27.30 per
week (£3.90 per day)
It is important to note that these new rates only
apply to pay reference periods beginning on or after
the date they came into law.
From 1 October 2006, the Employment
Equality (Age) regulations will abolish the Older
Workers Development Rate and remove the age limit
on the apprenticeship exemption.
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| Smallest Building in Rennes? |
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http://www.mountainbothies.org.uk/gallery/d/2069-
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