In this update we look at recent important changes, including the introduction of "fit notes" as well as new rules on holiday entitlement during sick leave.  If you would like to discuss any of these issues or have any other employment related query please contact me.

Donna

The new “fit notes” were introduced on 6 April 2010 and replace sick notes. GPs will now be able to indicate whether a phased return or a change in duties/hours may be appropriate. The intention is to provide employers with useful information to assist early discussions and a return to work. This is particularly important given recent changes on holiday accrual during sick leave . Employers will, however, still need to carry out a risk assessment on the employee's return.  Guidance for employers has been issued.

There have been a long series of cases on the issue of whether employees are entitled to paid holiday leave during sickness absence. In the latest case, a Tribunal held that an employee whose pre-arranged annual leave was spoilt by a broken ankle should have been allowed to take that leave in the following year. Although this case is not binding on other tribunals it is likely that this approach will be followed. We have set out some frequently asked questions and answers to assist employers.

From 6th April, employees who have 26 weeks’ service in organisations with 250 or more employees have a new right to request time off to train. This right will be available to all employees from 6 April 2011. Failure to comply with the procedure may result in a fine of eight weeks’ pay. You should consider putting in place a policy to deal with the new right.  Click here to read more.

On 4 April, the rate of statutory maternity pay, statutory paternity pay and statutory adoption pay increased to £124.88. New regulations also came into force providing for additional paternity leave and pay for parents of babies born on or after 3 April 2011 (or adoptive parents notified of a match on or after that date). Eligible employees will have the right to take up to 26 weeks' paternity leave, provided the mother returns to work early. Any such paternity leave will be paid if it is taken during a mother's paid leave period. You will need to update your maternity and paternity leave policies to reflect this new right.

In a recent case, the Employment Appeal Tribunal declared that Asda was entitled to rely on a statement in its Employee Handbook reserving the right to vary contractual terms in order to introduce new pay terms, without the need to first obtain employees' express consent. Usually this sort of variation requires consultation and agreement with the affected employees. You should review your contractual documentation to ensure you have a clear right of variation. Click here to read more.

The Equality Bill has finally been approved and will become known as the Equality Act 2010. The Act will consolidate, simplify and expand existing discrimination law, with most of its provisions expected to come into effect in October this year. The Act will have a major impact on all employers because it will now make it much easier for individuals to bring claims of discrimination if they feel they have been treated unfairly. Employers may have to significantly change some of their established processes, for example recruitment, in order to avoid claims. We will be running briefing sessions and providing in-house training to explain these measures and how they apply to your workplace. For further information, or to register your interest, please email me.