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Getting Legal

Legislation making the news


From April 2006 statutory sick pay increased to £70.05 per week, and statutory maternity pay, statutory paternity pay and statutory adoption pay increased to £108.85 per week or 90% of the average weekly earnings if this 90% is less than £108.85 per week.

It has been confirmed by the Equal Pay Commission that, from October 2006, the national minimum wage will increase to £5.35 for those aged 22 and over and to £4.45 for those aged 18 to 21.

Transfer of Undertakings (Protection of Employment) Regulations (TUPE): New TUPE regulations came into force this April. The Regulations make it clear that outsourcing arrangements are covered by TUPE. Certain changes to employment contracts following a TUPE transfer will be allowed with the agreement of the employee, giving greater flexibility for employers wishing to harmonise terms. Further, there is a new obligation on the transferring employer to provide written information to the transferee about transferring employees. This is backed up by the change in the Regulations that makes the transferor jointly and severally liable for any award of compensation made by a Tribunal with respect to failure to comply with information and consultation requirements.

Owners of an old pension scheme can trace their holdings through the Pension Service. Call 0845 6002537 or visit the website at www.thepensionservice.gov.uk.

Pensions: Employers must undertake consultation before making changes to occupational and personal pension schemes. This applies initially to businesses employing over 150 employees.

Final Regulations in respect of age discrimination were laid before Parliament on 9 March, with implementation from 1 October 2006. It has been confirmed that, in the absence of a normal retirement age, the default retirement age will be 65, and that any retirement age below 65 must be objectively justifiable. The cases in which it is possible to provide objective justification will be limited. Employers can prepare for the legislation by “age- roofing” policies and thinking carefully about the possible discriminatory impact of practices.

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