Employers' legal update 2010

As the end of 2009 approaches, James Stephenson looks at some of the upcoming legislative changes due to take effect in 2010 that directly affect employers and businesses.

Right to request time off for training is introduced

From April 2010 a right to request time off to undertake training is to be introduced.  This is modelled on the right to request flexible working.  Employers will be obliged to consider seriously any requests they receive but will be able to refuse a request where there is a good reason for doing so.  Employers will not be obliged to meet the salary or training costs for any time off.  The Government intends to introduce the right to time off to train employees with more than 250 employees from April 2010 with the legislation being extended to cover all employees from April 2011 at the earliest.

Sick Note Changes

From April 2010 the current "sick note" approach will be replaced with a "fit note" system. The format of the medical statement will be changed to allow doctors to record whether a patient is fit or not fit for work but also include a new option to allow a doctor to indicate where someone “may be fit for some work now”
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Single Equality Act to be introduced

A significant piece of legislation to be introduced this year is the single Equality Bill, which is due to take effect from October 2010.  This consolidates existing equality law into a single piece of legislation.  More updates on this to follow.

Paternity leave and pay to be extended

Fathers will be able to benefit from up to 26 weeks' additional paternity leave under legislation scheduled to take effect from April 2011.  This benefit will only apply if the mother of the child returns to work before the end of the maternity leave period to which she is entitled. This will be available during the second six months of the child's life and may be paid if taken during the mother's statutory maternity pay period. The Government intends that the legislation is to come into force in April 2010, with effect for parents of babies due from 3 April 2011.

We provide dedicated employment law advice to large or small businesses across England & Wales. Contact our Head of Department James Stephenson for more information about our services on 0113 320 5000