The Maternity and Parental Leave Regulations are expected to be amended imminently, following provisions already made in the Sex Discrimination Act 1975 (Amendment) Regulations 2008. The changes apply to employees with an expected of week of childbirth on or after 5th October 2008. The distinction between OML and AML is removed and the employee is entitled to the benefit of all her terms and conditions except remuneration for the duration of her maternity leave.

The case of R (in the application of the National Council on Ageing) v The Secretary of State for Trade and Industry (“Heyday”) was heard by the ECJ on 2 July 2008.  The Advocate General is expected to deliver an opinion in the autumn on whether provisions under the UK age regulations, which allow the compulsory retirement of employees aged 65 or over, are in breach of the European Equal Treatment Directive. However that’s only half the battle and the 250 or more claims currently stayed, could be still be won or lost on the decision of the ECJ at the end of the year.

The annual increase to the National Minimum Wage is effective from the first day of the pay period starting on or after 1st October 2008.  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 from £4.60 to £4.77 per hour and the minimum hourly rate for workers aged 16-17 will increase from £3.40 to £3.53.

The ECJ could give its preliminary ruling before the autumn on the case of HM Revenue and Customs v Stringer (formerly Commissioners of Inland Revenue v Ainsworth).  If the ECJ decide to follow the opinion of the Advocate General, which was delivered in January this year, it would mean that statutory holiday does accrue during sick leave and that a worker would be entitled to be paid for any accrued holiday on termination, even if they have been absent for a full year, but would not be eligible to take paid holiday during a period of sick leave.