Employment law has changed this year and other new legislation is on its way in 2012. We review the important developments and urges employers to keep their policies up to date.

PATERNITY LEAVE

Additional paternity leave was introduced from 6 April 2011. Additional paternity leave can be taken 20 weeks after the child is born. It must finish before the child's first birthday. Until now, fathers have only been entitled to two weeks paid paternity leave, but the new additional leave allows eligible employed fathers or partners to take an extra 26 weeks leave to care for the baby, if the mother returns to work before the end of her maternity leave.

RETIREMENT AGE

The default retirement age has now been phased out, meaning that employers are no longer allowed to dismiss staff because they have reached the age of 65. With this change from the Government we encourage employers to hold ongoing communications with their staff to establish their plans, since employees now have the power to decide their own retirement date.

AGENCY WORKERS 

On 1 October 2011 the Agency Workers Regulations came into force. These require that the basic working and employment conditions of agency workers are no less favourable than if the workers had been recruited directly by the nursery. The equal treatment entitlements relate to pay and other basic working conditions and comes into effect after an agency worker completes a 12-week qualifying period.

LOOKING AHEAD

Next year will be an important one for employment legislation and nurseries should keep their policies up-to-date and review them regularly.

UNFAIR DISMISSAL 

From 6 April 2012 employees will require two years' service before they can bring an Employment Tribunal claim for unfair dismissal. If employees are unable to bring an unfair dismissal claim they may try to find a discrimination angle so that they can bring a claim.

PENSIONS 

Between October 2012 and October 2016, all UK employers will have to pay into a pension scheme for their staff. All companies must automatically enrol all employees into a pension scheme which both parties pay into. This will only apply to employees earning more than £7,500 and who have been with the company for three months or more.

PARENTAL LEAVE 

In March, parental leave following the birth or adoption of a child increases from three to four months. At least one of the four months will not be transferable between parents.

For further advice on these employment law updates, or discuss any HR issue call us on 01980 878698 or email us info@hr4nurseries.co.uk

The HR4Nurseries Team!