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Asylum & Immigration Act 1996

Asylum & Immigration Act 1996. New changes from 1 May 2004 New rules allow a two-tier approach Employers duty to carry out basic document checks on all prospective employees to prevent illegal working nb be careful not to fall foul of race discrimination laws

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Asylum & Immigration Act 1996

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  1. Asylum & Immigration Act 1996 New changes from 1 May 2004 • New rules allow a two-tier approach • Employers duty to carry out basic document checks on all prospective employees to prevent illegal working nb be careful not to fall foul of race discrimination laws • Advising employers to review their recruitment procedures • You could be fined up to £5000 for each offence • www.ind.homeoffice.gov.uk/filestore/new_a5_guidance.pdf

  2. Asylum & Immigration Act 1996 New system is a 3 step approach • Step 1 Potential employees should be asked to provide original documents from one of two lists • Step 2 Employer must be satisfied that person is rightful holder of document presented • Step 3 Make copies of relevant pages of documents checked and keep record of documents copied

  3. National Minimum Wage • Annual increases take effect from 1 October 2004 • Main (adult) rate for workers aged 22 and over • £4.85 per hour • £5.05 per hour – 1 October 2005 • £5.35 per hour – 1 October 2006 • Development rate for workers aged 18-21 • £4.10 per hour • £4.25 per hour – 1 October 2005 • £4.45 per hour – 1 October 2006 • A new rate for 16 & 17 year olds • £3.00 per hour • NB 16 & 17 year old apprentices will be exempt from the new young workers rate

  4. Employment Status • Agency Workers Brook Street –v- Dacas (2004) IRLR 358 CA

  5. Disability Discrimination Act 1995 (Amendment) Regulations 2003 • Come into force 1 October 2004 • The removal of the small employer exemption • The insertion of the new definition of harassment • A new definition of direct discrimination • Further guidance on reasonable adjustments • Guidance from the Disability Rights Commission www.drc-gb.org

  6. Future legislation • Disability Discrimination Act 2005 to be implemented 2006 • a general duty to eliminate discrimination against disabled people will be imposed on public authorities • the requirement that mental illnesses must be “clinically well-recognised” will be removed • people suffering from HIV, multiple sclerosis, most cancers will be deemed to be disabled from the point of diagnosis

  7. Statutory Dispute Resolution Procedures • Employment Act 2002(Dispute Resolution) Regulations 2004 from 1.10.04 • New Statutory Discipline & Grievance procedures

  8. Statutory Dispute Resolution Procedures • Standard dismissal and disciplinary procedure • Modified dismissal procedure • Standard grievance procedure • Modified grievance procedure

  9. Standard dismissal anddisciplinary procedure • Step 1 written statement • Step 2 meeting • Step 3 appeal

  10. Modified dismissal procedure • Step 1 written statement • must give full details • must state right of appeal • Step 2 appeal • Meeting • More senior manager • Right to be accompanied • Final decision

  11. Modified dismissal procedure Applies where, exceptionally, the employee has been dismissed; • gross misconduct Overriding principles of investigation, reasonable behaviour and natural justice still apply

  12. Standard grievance procedure • Step 1 written statement • Step 2 meeting • Step 3 appeal

  13. Modified grievance procedure • Step 1 written statement • Step 2 response in writing

  14. Modified grievance procedure Exceptionally, applies where the employment has ended and • employer unaware of grievance or • standard procedures not started/completed and • both agree in writing to use modified procedures

  15. Statutory Dispute ResolutionProcedures • Penalties at tribunal • award an additional 4 weeks’ pay • increase or reduce by between 10% and 50% • employee not followed grievance procedure-cannot go to ET

  16. Working Time Regulations • The future of the 48-hour opt-out • Time spent on call • Holiday pay due whilst off sick • Rolled up holiday pay • Holiday entitlements during maternity leave • Road Transport Working Time Regs

  17. The Employments Rights (Increase of Limits) Order 2003 • From 1 February 2005 • The maximum “weeks pay” is £280 • For calculating Basic Award • For calculating Redundancy Payment • For Insolvency Rights • Guarantee payment is £18.40 • Maximum Compensatory award is £56,800

  18. UK implementation of the EU Information and Consultation Directive • The Directive’s main provisions (1): • Establishes general framework for right of employees to information and consultation involving employee representatives • Eventually applicable to all undertakings with 50+ employees by 2008 • Requires employer to inform/consult (with a view to reaching agreement) on: • Business developments • Employment developments • Substantial changes in work organisation

  19. UK implementation of the EUInformation and Consultation Directive • Implementation timetable: • Regulations will apply to undertakings with 150+ employees from 6 April 2005 • 100+ from 23 March 2007 • 50+ from 23 March 2008

  20. UK implementation of the EU Information and Consultation Directive • The Directive’s main provisions (2): • Scope for alternative arrangements • Confidentiality safeguards • Protections and guarantees for employee representatives • “Effective, proportionate and dissuasive” enforcement measures

  21. UK implementation of the EU Information and Consultation Directive • Main provisions of CBI/TUC framework agreement: • Requests for I&C arrangements have to be made by 10% of undertaking’s employees (subject to minimum of 15) • Where employers have agreed pre-existing written arrangements covering ALL employees, they may ballot the workforce. Pre-existing arrangements would only have to change if at least 40% of employees supported the request. • Where a valid request is received, there are no pre-existing arrangements or employees support the request, employer will have to open negotiations with elected employee representatives to establish I&C arrangements

  22. UK implementation of the EU Information and Consultation Directive • Main provisions of CBI/TUC framework agreement: • Where no agreement is reached after six months, employer will have a further six months to set up arrangements based on Article Four of the Directive • Complaints may be made to the CAC about an employer’s failure to establish I&C arrangements or to comply with the terms of a negotiated agreement or the default arrangements • Provisions related to handling of confidential information, protection of representatives, and election arrangements will be based on those implementing the EWC Directive

  23. Information and Consultation Regulations • statutory arrangement- imposed following failure to respond to employee request or failure to negotiate an agreement within statutory timeframe • no arrangement- employer chooses not to start negotiation, no request from employees www.acas.org.uk –e learning module on I & C Information and Consultation Regulations

  24. Employment Relations Act 2004 (s.40) Jury Service • from 6 April protection for employees take time off to serve on a jury and not to suffer detriment • refusal to allow an employee to return after jury service will be automatically unfair dismissal (some exceptions) • no qualifying service necessary

  25. Age discrimination • Rutherford –v- Harvest Town Circle Ltd • Age Discrimination October 2006 • No fixed retirement age • Considering a “default” retirement age of 65 • Unfair Dismissal claims • Basic award calculations • Redundancy payments • Pensions

  26. Future legislation Transfer of Undertakings (Protection of Employment) Regulations 1981 • amendments of the existing legislation should have been made by all EU member states by 2001 • draft revised Regulations are to be laid before Parliament in July 2005 • implementation of the revised Regulations- October 2005

  27. Future legislation Draft Transfer of Undertakings (Protection of Employment) Regulations 1981 proposals • to improve business flexibility by extending cover to service contracting operations • increase transparency of transfer process by requiring the old employer to notify the new employer of all employment liabilities • clarify when employers can lawfully make transfer-related dismissals and changes to contracts • increase flexibility of TUPE relating to insolvent businesses to help save businesses and jobs

  28. New Draft Management Standards on Work-Related Stress • Designed to help employers to meet their legal obligation to tackle stress at work • Have been developed and tested with real organisations • Emphasise partnership approach • Help organisations gauge their performance in managing the causes of stress and identify areas for improvement • www.hse.gov.uk/stress

  29. Future legislation Civil Partnership Act 2004 • implementation expected October 2005 • will create a new legal relationship of civil partnership for same-sex couples who register • Employers will need to adapt company policies which recognise forms of legal status such as marriage, to recognise civil partnerships

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