Legal Update - October 2011

Employment Law & Human Resource Updates

Repeal of the Default Retirement Age

Regions affected: England, Scotland, Wales
Came into effect: 6th April 2011

We saw the repeal of the default retirement age come into effect in April 2011. Transitional arrangements have been in place since 6th April 2011 but are set to end on 1st October 2011. This will have a huge impact on how employers operate their businesses as they will no longer be able to rely on the default retirement age to compulsory retire employees and retirement will no longer be one of the fair reasons for dismissing someone from employment.

Agency Worker Regulations 2010

Regions affected: England, Scotland, Wales
Comes into effect: 1st October 2011

The Agency Workers Regulations coming into force on 1st October 2011 will provide agency workers with the same basic employment rights and working conditions as permanent employees. This will include equal treatment in respect of pay and hours of work following completion of a 12 week qualifying period in the same job with the same hirer. As a result of these Regulations, employers will also be responsible for ensuring their agency workers have access to facilities and are able to view any job vacancies from the first day of assignment from 1st October 2011.

National Minimum Wage Increases

Regions affected: England, Scotland, Wales
Comes into effect: 1st October 2011

The Low Pay Commission has undertaken its annual review of the National Minimum Wage rates and the new rates from 1st October 2011 will be as follows:

• Workers aged 21 and over will be entitled to £6.08;
• Workers aged between 18 and 20 will be entitled to £4.98;
• Workers aged 16-17 above school leaving age but under 18 will be entitled to £3.68;
• The apprentice rate, for apprentices under 19, or 19 and over and in their first year of their apprenticeship, will be entitled to £2.60

Additional Paternity Leave

Regions affected: England, Scotland, Wales
Comes into effect: 3rd April 2011

Additional Paternity Leave was introduced in April 2011, entitling eligible fathers to take up to an extra 26 weeks leave to care for their new baby, in addition to the usual one or two weeks leave they can take upon the birth, where the child’s mother returns to work early from her maternity leave. Additional paternity leave can be taken from 20 weeks after the baby is born but must finish before the child’s first birthday. Similar provisions also apply for adoption leave.

Safety, Health & Environmental Updates

Consumer Protection - Pyrotechnics

Businesses selling Fireworks are required to ensure their premises comply with stringent fire safety requirements to prevent accidental release or explosion. A site-specific risk assessment must be completed to identify potential sources of ignition and a suitable storage area identified, isolated from electrical or heat sources.

If your premises stores more than 5kg of explosive materials, you may be required to register for a Manufacture and Storage of Explosives Registration Certificate, issued and monitored by the HSE and Trading Standards. A retail shop may store up to 250kgs of explosive materials, subject to approval by means of suitable licensing arrangement and prior anti-social behaviour concerns.

The law surrounding the sale of fireworks is regulated and enforced by your local Trading Standards team, requiring retailers to have suitable 16+ signage, a refusal log detailing the number of sales refused and all fireworks to comply with the correct categories, type 1 or 2.

The Food Labelling (Declaration of Allergens) Regulations 2011

Regions affected: England
Comes into effect: 17th March 2011

As the party season approaches, food allergies present a wealth of problems to businesses looking to provide food for all staff. When planning your seasonal party, it is always advisable to ask staff whether they have any food allergies in order to cater for all tastes. Caterers are increasingly aware of food labelling concerns and are required to clearly label foods containing known allergens including nuts, milk, gluten, shellfish and egg. Always confirm with your catering supplier whether they label all food prior to delivery.

Typical symptoms include Itching of mouth, lips, tongue, throat, eyes, skin; Swelling (lips, tongue, eyelids, or the whole face); Difficulty swallowing; Runny or congested nose; Hoarse voice; Wheezing and/or shortness of breath; Nausea; Vomiting; Abdominal pain and/or stomach cramps; Light-headedness or Fainting. If you are hosting your own seasonal party, ensure you have suitable first aiders available for your event and review your emergency plan.

Sunbeds (Regulation) Act 2010 - Chapter 20

Regions affected: England, Wales
Came into effect: 8th April 2011

The Sunbeds (regulation) 2010 requires that all providers of sunbeds prevent under-18s from accessing these areas, specifically in tanning salons and sunbeds at beauty salons, leisure centres, gyms and hotels. Coin (or token) operated systems are also prohibited under the new regulations and require a permanent member of staff to provide supervision during the hours of operation. Local authorities are responsible for the monitoring of sunbeds and may inspect the premises without prior notification. Failure to comply with this regulation can lead to a maximum fine of £20,000.

Consultation on the Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995 (RIDDOR)

Regions affected: England, Wales
Came into effect: 29th April 2011

The Reporting of Injuries Disease and Dangerous Occurrences Regulations are set to become easier for companies to follow, pending a review by the HSE. The proposal is to increase the amount of time from 3 days to 7 days to report a workplace injury. Please remember: the number of days is not work-dependent on days scheduled to work – the first day is recorded on the day of the incident occurring.

This move, in conjunction with the issuing of fit notes, aligns itself with the requirement for any workplace incident lasting more than 7 days absence from work requiring a RIDDOR report to be completed and filed with the HSE. Reporting procedures are available at: www.hse.gov.uk/riddor

Road Safety Act 2006 - Chapter 49

Regions affected: England, Wales
Came into effect: 16th May 2011

Company car drivers, and drivers using their own vehicles for business purposes, account for up to 60% of road traffic. As a responsible company and an increasing insurance requirement, businesses are required to ensure all drivers have the correct documentation to drive on behalf the company. For company car drivers, a valid driving licence is required to be presented (at least) annually. Where endorsement points are observed, this must be relayed to the fleet insurance provider. For private vehicles, a valid driving licence (for the type of vehicle provided), valid insurance certificate for Business Usage and MOT (where applicable) are required.

All documents are required to be retained and form part of your driving safety procedure. Your company should have a clear statement about the use of handheld mobile phones, use of satellite navigation and rest breaks. Your employees are required to read and acknowledge this document as part of the safety rules for working in the "workplace".

In addition to the above, the driver has a responsibility for the road worthiness of the vehicle including tyres, bulbs, water levels and general roadworthiness.

Equality - Disabled Persons - The Equality Act 2010 (Guidance on the definition of Disability) appointed day order 2011

Regions affected: England, Scotland, Wales
Came into effect: 1st May 2011

This order provides further clarification on the definition of disabled, replacing the 2009 revision for the purpose of registering a "disabled user".

Environmental Protection - The Waste Electrical and Electronic Equpiment (Amendment) Regulations 2010

Regions affected: England, Scotland, Wales
Came into effect: 6th April 2010

These amendments to the WEEE Regulations implement changes to the Waste Electrical and Electronic Equipment Directive. The amendments change the word 'preparation(s)' to 'mixture(s)'. They also introduce a definition of 'dangerous substances or mixtures' to replace 'dangerous substances or preparations'. These definitions are stated in the Regulations. For example, a producer is required to identify, as far as it may be reasonable, to any person carrying out treatment activities, the location of any dangerous substances and preparations in the electrical and electronic equipment.

The Waste England and Wales (Scotland) Regulations 2011

Regions affected: England, Scotland, Wales
Came into effect: 29th March 2011

The Waste Regulations introduce a number of changes to the Environment Act 1990, requiring the introduction of Waste Management Plans. Waste prevention plans require local authorities to strengthen existing waste management policies affecting all businesses in terms of Waste Management and the cost of waste disposal and recycling.

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