What does the future hold?

2009 Retirement
The ECJ is expected to rule on whether provisions under the age discrimination regulations, which allow employers to retire employees at the age of 65, is in breach of the European Equal Treatment Directive in the case of R (on the application of the Incorporated Trustees of the National Council on Ageing) ("Heyday") v Secretary of State for Trade and Industry. All applicable tribunal claims have been stayed by the President of the Employment Tribunals pending outcome of this case.

Disability discrimination

2008 Discrimination by association
The ECJ is expected to give its preliminary ruling in Coleman v Attridge Law on whether the Equal Treatment Framework Directive requires protection from discrimination by association with a disabled person, which is not provided for under the Disability Discrimination Act. The Advocate General's opinion delivered on 31 January 2008 was that the Directive’s wording “on grounds of disability” should be interpreted to include treatment on grounds of a person’s own disability and that of a third person with whom they are closely connected.

Dispute resolution

April 2009 (possibly)
Disciplinary and grievance procedures

The Employment Bill, now in progress, makes provision to repeal the statutory dismissal and grievance procedures contained in the Employment Act 2002, reverting to the former position of a Polkey reduction, where a dismissal is found to be substantially fair but procedurally unfair, and introducing measures enabling tribunals to increase or decrease awards by up to 25% where either party unreasonably fails to comply with the statutory code of practice.

April 2009 (possibly Tribunal claims

Provisions in the Employment Bill will make changes to the law relating to conciliation by ACAS, including removing the fixed conciliation periods, and will amend tribunals' powers to reach a determination without a hearing and to provide for compensation for financial loss in cases of unlawful underpayment or non-payment. The Bill is expected to receive Royal Assent in Summer 2008 and to take effect in April 2009.

Employment status and atypical workers

In progress Rights of agency workers
The Temporary and Agency Workers (Equal Treatment) Bill, a Private Member's Bill proposing the same pay and benefits as permanent staff from day one, controversially passed its second reading and has now reached the Committee Stage. A similar bill presented in the 2006/07 session failed and agreement has still not been reached on a European Directive despite ongoing negotiations.

Equal opportunities and discrimination

2008/2009 All areas
Following the Discrimination Law Review and the independent Equalities Review, the Government has set out proposals for a Single Equality Bill to harmonise and modernise the legislative framework to make it clearer and more effective. The Bill was due to be read at the opening of the Parliamentary session on 6 November 2007 but has now been delayed for a further year after green paper consultation.

Flexible working

Spring 2008 Extension of rights
On 6 November 2007 the Government announced its intention to extend the right to request flexible working to parents of older, teenage children. An independent review has been commissioned to consider how the current right to request should be extended and the upper age limit of a child which should apply. The outcome of the review and recommendations are expected in Spring 2008.

Maternity and paternity

By
October 2008

Terms and conditions during maternity
leave

The Maternity and Parental Leave Regulations are expected to be amended to remove the distinction between OML and AML for employees with an expected of week of childbirth on or after 5th October 2008, following provisions made in the Sex Discrimination Act 1975 (Amendment) Regulations 2008.

2010 Work and Families Act 2006
The Government is expected to consult on draft regulations to implement provisions in the Work and Families Act 2006 to increase paid maternity leave from 9 months to 12 months and grant paternity leave of up to 26 weeks, some of which could be paid. The Government has said that the new rules will not be implemented in April 2009 and HMRC is now planning for implementation for babies due on or after April 2010.

Pay and benefits

2008 Holiday Decision of the ECJ is expected in HM Revenue and Customs v Stringer (formerly Commissioners of Inland Revenue v Ainsworth) on whether the entitlement to statutory holiday applies in any year, or part year, when an employee has been absent on sick leave. The Advocate General's opinion, delivered on 24 January 2008, is that holiday does accrue during sick leave and that the worker is entitled to be paid for any accrued holiday on termination, even if they have been absent for a full year, but cannot take holiday during a period of sick leave.

1 April 2009
Holiday
The second stage of the increase to the minimum statutory holiday entitlement takes effect under the Annual Leave (Amendment to Working Time Legislation) Regulations 2007 increasing paid holiday from 4.8 weeks to 5.6 weeks, subject to a maximum of 28 days.

In progress
Pensions
The Government has introduced a Pensions Bill which, if passes will require all employers to make a minimum pension contribution of 3% of the annual salary for eligible employees.

April 2009 (possibly)
Minimum wage
The Employment Bill is proposing to make changes to the National Minimum Wage Act by replacing the existing enforcement and penalty notices with a new single notice of underpayment and will provide a new method for calculating arrears to take account of the length of time that arrears have been owing.

1 October 2008 Minimum Wage Rate increases are applied to the National Minimum Wage. The adult rate, for a worker aged 22 or over, will increase from £5.52 to £5.73 per hour. The Youth Development rate for 18-21 year olds will rise to £4.77 per hour and the minimum hourly rate for workers aged 16-17 will increase to £3.53.

Recruitment and selection

October 2009 Criminal records

The Safeguarding Vulnerable Groups Act will introduce a centralised vetting system for on line criminal checks on people working with children and vulnerable adults. Employers will be liable to a fine of up to £5000 for failing to carry out the checks or for knowingly employing a barred individual.