New employment legislation

18 April 2006:

New Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006

These update the TUPE Regulations 1981. They provide more comprehensive coverage for service contracting operations such as cleaning, catering, security work and refuse collection; place a requirement on the transferor to notify the transferee of the employment liabilities that will be transferring; give more flexibility in the application of the regulations in relation to the transfer of an insolvent business; and clarify the circumstances in which employers can make lawful transfer-related dismissals and negotiate transfer-related changes for 'economic, technical or organisational reasons'.

Statutory Sick Pay

The standard rate of Statutory Sick Pay increased to £70.05 per week.

Statutory Sick Pay (General) Amendment Regulations 2006 came into force (10 April 2006)
These amend the Statutory Sick Pay (General) Regulations 1982 to provide that a person is deemed incapable of work if they are excluded or abstain from work in accordance with a request or notice in writing made under a piece of legislation that is intended to prevent the spread of a relevant disease.

New racial equality code of practice

The Commission for Racial Equality introduced its revised code of practice, which provides recommendations and guidance on avoiding racial discrimination and harassment in employment, and outlines employers' legal obligations.

'Unmeasured working time' exemption is removed

Amendments to the 1998 Working Time Regulations removed the exemption from limits on the maximum weekly working time in cases where a worker's time was partly unmeasured, or self-determined, from the limits of the regulations.

New duty to consult on pension changes

New regulations require employers with 150 or more employees to consult with members before making major changes to pension schemes.

Pensions tax regime simplified

The eight existing tax regimes covering pensions were swept away and replaced by a simplified system.

Gangmasters (Appeals) Regulations 2006

These regulations provide for an appeals procedure against decisions of the Gangmasters Licensing Authority, under the Gangmasters (Licensing) Act 2004, to refuse to grant a licence, to impose conditions to which a licence is subject, to modify or revoke a licence, or to refuse to transfer a licence.