New month, new employment laws

The month of October 2011 has brought with it some important changes to employment law in the UK. Employers and employees should both be aware of these changes, so they can ensure they are up-to-date on their rights and responsibilities in the workplace.

Firstly, the Agency Workers Directive (AWD) came into force on 1 October giving agency workers more rights in the workplace.

The AWD confers certain rights to those workers who have a contract with a temporary workers agency and get sent to different employers on assignment. Temporary workers who are hired directly by their employer or through an employment agency (with whom they do not have a contract or continuing relationship after they have been hired) are not included under the AWD.

So what new rights will agency workers have under the new law? From their first day with their new employer they will be able to access all the facilities that are open and available to normal permanent employees, such as staff canteens, gyms, and childcare facilities. In addition, they will also be entitled to access job opportunities with that employer in the same way as permanent staff.

After an agency worker has been on their assignment for 12 weeks, they will be entitled to the same basic rights and working conditions as their permanent counterparts. These rights include the right to paid time off for antenatal appointments and the right to be paid the same wage.

It will be up to both the agency and the employer to ensure that temporary agency workers are being treated in accordance with the new AWD.

Secondly, 30 September saw the last time an employee could be forced to retire by an employer under the default retirement age. Although technically abolished on 6 April 2011, employers could see through a forced retirement that was already in motion, so long as the employee in question turned 65 (or the normal age of retirement within that company if higher)on or before 30 September.

The abolition of the default retirement age means that if an employer wants to retire employees at a set age, they will need to have a good reason to do so. Under employment law, a good reason to do so is known as an ‘objective justification’.

Finally, the minimum wage saw an increase of 15p from £5.93 to £6.08 per hour. The youth rate increased from £4.92 to £4.98, and the rate for workers aged 16 and 17 increased from £3.64 to £3.68. The rate for apprentices also increased, from £2.50 to £2.60.

If you would like any legal advice on October’s changes to employment law, call Job Justice today. We work with local, recommended employment law solicitors throughout the UK.