What does the future hold?

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

2009/10 Rights of agency workers
EU ministers have agreed a draft Temporary Agency Workers Directive to be approved by the EU Parliament. The provisions will allow member states to set a qualifying period before which agency workers are afforded the same basic employment rights as permanent staff. In accordance with the agreement reached with the TUC and the CBI, the Government is expected to set a period of 12 weeks and to introduce legislation during the 2008/09 session of Parliament.

Equal opportunities and discrimination

2008/2009 All areas
The Equality Bill will be introduced in the 2008-09 Parliamentary session as part of the Government's plan to harmonise and modernise discrimination law. The key provisions are set out in the white paper "Framework for a Fairer Future". In addition to consolidating existing legislation, the Bill proposes to create a single public sector equality duty, to widen the scope of permitted positive action and to introduce measures to combat the gender pay gap.

Flexible working

April 2009 Extension of rights
The Government has accepted the recommendation of Imelda Walsh to extend the right to request flexible working to parents of children aged 16 or under. Amended regulations are expected to come into force in April 2009, following a consultation exercise.

Maternity and paternity

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

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 Pensions Bill proposes a duty on employers to automatically enrol workers aged between 22 and State Pension age, and who have earnings above a set limit, into a qualifying workplace pension scheme. When the new arrangements come into force in 2010, employers will have to contribute a minimum of 3% unless the worker has opted out. Employers will be penalised if they offer financial inducements to opt out or if recruitment procedures suggest that candidates who opt out will be favoured.

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.

2009/10 Time off for training The Government has announced plans to introduce an Education and Skills Bill 2008-09 to give employees with 26 weeks' service a right to request time off to complete training. A consultation exercise paper on the new statutory right, which will operate in the same way as the right to request flexible working, closes on 10 September 2008. The legislation is expected to be implemented in 2010.

Recruitment

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.