Employment law update May 2009: Working time regulations
Talks regarding the European Parliament’s proposals to phase out working over and above 48 hours per week have collapsed as a result of strenuous opposition from the EU Member States.
Employees will therefore continue to be able to work more than 48 hours a week if they choose to sign an opt-out agreement.
It will now be up to the European Commission to decide whether to put forward a new proposal for a change in the current legislation.
Equality Bill
The Equality Bill 2008-09 has finally been published. The Bill aims to harmonise and strengthen discrimination law by bringing together existing legislation and making some important changes including:
- Providing employers, where appropriate, the ability to “positively discriminate” by recruiting or promoting a candidate from an under-represented group in circumstances where the candidates are otherwise equally suitable
- Changes to disability discrimination law including the introduction of indirect disability discrimination
- Widening the definition of direct discrimination to include discrimination by association or perception across all areas of discrimination e.g. a family member of the employee has a disability and the employee is discriminated against as a result
- Reduction in the powers of employers to prevent employees from discussing their pay packages with their colleagues
- Government may require private sector employers with 250 or more employees to publish employee pay information. This is to identify disparities in pay between male and female employees (although the Government does not propose to use this power until 2013)
- Public sector bodies with more than 150 employees will be required to publish annual details of their gender pay gap, ethnic minority employment rate and disability employment rate from 2011
- Key public bodies may have further impact upon them in respect of any socio-economic disadvantages that result from their strategic decisions
The Equality Bill is expected come into force in Autumn 2010. We will keep you informed on developments and will be updating all retained clients’ policies once the legislation is finalised and prior to it coming into force. We will ensure your policy is robust and continues to meet best practice standards of employment.