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Employment Law update

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Employing Illegal Workers
With effect from the 29th February 2008, Immigration, Asylum and Nationality Act 2006 introduces a new framework for employers with potentially heavy financial penalties for employing staff who do not have the legal right to work in the UK. There are two lists of the kinds of documents which may be used as evidence of the employee’s right to work. (i.e.UK passport)

To avoid potential discrimination, request proof of the right to work from all new starters and do not allow anyone to start work without doing so. Also ensure that all job offers / employment contracts are expressed in writing to be subject to the production of the relevant documentation.

Corporate Manslaughter and Corporate Homicide Act 2007
This came into force on 6th April 2008 and will make it possible for employers to be prosecuted if someone has been killed at (or by) work because of a failure in how the organisation’s activities are managed or organised, amounting to a gross breach of duty. Employees as well as customers are covered under this duty of care.

All employers should ensure that ‘senior managers’ are appropriately trained and competent for their role. They should also check that insurance cover includes legal protection in the event of criminal charges for corporate manslaughter. Use this as an opportunity to review existing health and safety processes and promote a safer environment for your employees and customers.

KEY STATISTICS UPDATE

Statutory Redundancy Pay from 1st February 2008
Maximum payment is 30 weeks’ pay at £330 per week

Statutory Maternity Pay from 6th April 2008
Paid for 39 weeks
First 6 weeks at 90% of the employees average weekly earnings (no upper limit)
Remaining weeks at £117.18 per week or 90% of average earnings if less

Statutory Paternity Pay from 6th April 2008
Paid for 2 weeks
Two weeks at £117.18 per week or 90% of average earnings if less

Statutory Sick Pay from 6th April 2008
Increased to £75.40 per week

National Minimum Wage increases from 1st October 2008
Adult rate (22 years or over)             = £5.73 (from £5.52)
Development rate (18 to 21years)  = £4.77 (from £4.60)
Youth rate (16 to 17 years)               = £3.53 (from £3.40)

In 2006/7, 132,000 cases were presented to the Employment Tribunal

 

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