April 2009 sees several legal changes of which employers should take note:

Increase in Holiday Entitlement

On 1 April 2009, the statutory paid holiday entitlement will increase from 4.8 weeks to 5.6 weeks.  For a worker on a five day week this is equivalent to an increase from 24 days to 28 days.  For part-time workers, holiday entitlement is worked out on a pro rata basis.

Any days off for public or bank holidays can be counted towards the entitlement provided the worker is paid for the day off.

Disciplinary and Grievance Procedures

On 6 April 2009, the prescriptive statutory disciplinary and grievance procedures will - to the relief of many employers - be repealed.  They will be replaced with a revised Acas Code of Practice which sets out the principles of what an employer and employee will be expected to do to resolve disputes in the workplace.

Employment Tribunals will consider whether any failure to follow the Acas Code was unreasonable, taking into account various factors, and will have a discretion to adjust awards up or down by between 0 and 25%.  The Code will be supplemented by a non-binding guide providing more detailed advice and guidance on dealing with disciplinary and grievance issues.

There are transitional provisions for issues that arise before 6 April 2009 but continue after that date.  It is not open to an employer and employee to agree which procedure should apply.  Generally speaking the old rules will continue to apply where disciplinary or dismissal action has already commenced prior to 6 April 2009.  In relation to grievances the test will be whether the action about which the employee complains occured prior to that date.

Statutory Maternity, Paternity and Adoption Pay

From 6 April 2009 statutory maternity, paternity and adoption pay will increase from £117.18 per week to £123.06.

Statutory Sick Pay

From 6 April 2009 statutory sick pay will increase from £75.40 per week to £79.15.

Posted: February 27th, 2009 under Employment/HR.
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