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Employment eBulletin | February 2010
Welcome

In this eBulletin we highlight the changes to the law dealing with tribunal awards and statutory payments; increase of the normal pension age; the introduction of "fit notes" to replace "sick notes"; the introduction of the Equality Act; the new right to request time off for training and study; the government's additional bank holiday for 2012; the new requirement for migrants to submit their biometrics; the maximum penalty for serious breaches of the Data Protection Act; and important changes being made to whistleblowing cases.

Tribunal Awards

The maximum compensation for unfair dismissal will fall from 1 February 2010. Click the title to find out more.

Statutory Payments

Employers and employees should be aware of the many changes to Statutory payments from 4 April.

Normal pension age to rise

From 6 April 2010, the earliest age at which a member of a UK registered pension scheme can draw their pension will increase from 50 to 55 with the exception of ill health pensions and those with protected age pensions.

Action Steps
To prepare for this change employers need to consider whether their schemes and rules need to be amended and whether specialist pension advice is needed.

Fit rather than sick notes

In a bid to encourage people to focus on what a worker can do, rather than their incapacity, a new system of "fit notes" will replace the current "sick notes" from April 2010. We explain how this will work.

Equality Act

Everyone needs to be aware of the radical changes to discrimination legislation that will be introduced from October 2010.

Right to request time off for training and study

From 6 April 2010 many employees will be able to request unpaid time off work to undertake training or study. Read the short article to find out who this will apply to.

Extra Bank Holiday for 2012

To celebrate the Queen's Diamond Jubilee the Government has announced the creation of a Diamond Jubilee weekend in 2012 meaning that in addition to the May Day bank holiday on Monday 4 June, an extra bank holiday will be added on Tuesday 5 June!

Migrants to submit biometrics

From 6 January 2010, all migrants making an application under Tier 2 (skilled workers) of the points-based immigration system in the UK are required to submit their biometrics (fingerprints and digital photograph) in order to obtain an Identification Card for Foreign Nationals (proof of the holder's right to stay, work and study in the UK), which will replace the vignette in the passport.

Action Steps
Employers should ensure that they retain a copy for their records and also be aware that the process may now take longer than before.

Serious breaches of the DPA

It is expected that the ICO will have new powers to impose financial penalties of up to £500,000 for serious breaches of the Data Protection Act from 6 April 2010. We provide an overview.

Employment Tribunals and PIDA

New regulations implementing changes to whistle blowing cases will be laid before Parliament shortly but it is believed that the new powers will apply to cases brought on or after 6 April 2010.

This bulletin does not comprise legal advice. It is intended as a regular Employment update for our clients and contacts. You are included on this distribution list because as a client or contact of the firm we believe it may be of interest to you.

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