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LEGAL UPDATES

This month we are looking at changes in the law and new legislation passed in the following areas:

· National Minimum Wage
· Age Discrimination
· Transfer of Undertaking (Protection of Employment) TUPE

If you want any further information call Heather on 01792 234 761 for an initial, no obligation chat.

We’re here to help.

National Minimum Wage
Do you think you're paying your staff in line with legal limits?

As of October 1st 2005 the national minimum hourly wage for adults will be increased from £4.85 to £5.05 whilst the rate for workers aged 18 to 21 will go up from £4.10 to £4.25.

Currently, accommodation allowance is £3.75 but this will be increased to £3.90.

It is anticipated that the national minimum wage will rise again in October 2006 to £5.35 for adults and £4.45 for younger workers.

Watch this space for further details and actions to take.
No action required currently.

For more information please see: http://www.dti.gov.uk/er/nmw/

Age Discrimination
Currently it is acceptable to discriminate on age but not for long. The government has drafted new regulations, which, if passed, it will make it unlawful to discriminate against an employee on the grounds of age in relation to recruitment, promotion or training, unless it can be justified on specified grounds.

The upper age limits for unfair dismissal and redundancy payments will be removed.

Employers will be under a duty to consider any request by an employee to continue working beyond retirement age and they will also have to notify employees in writing at least six months in advance of their intended date of retirement.

Also age limits for statutory sick pay, maternity pay, adoption pay and paternity pay are removed by the Regulations. These changes are expected to take place either on either 6th April 2006 or 1st October 2006.

Watch this space for further details and actions to take. No action required currently.

For more information please see:
http://www.dti.gov.uk/er/equality/equalitydiversity.pdf http://www.dti.gov.uk/er/equality/draftregulation.pdf

Transfer of Undertakings
(Protection of Employment) Regulations -
New TUPE Regulations are being brought in with the intention to clarify the law on dismissals related to the transfer of a business, and to introduce an obligation on the transferor to notify the transferee of all the rights and liabilities that will pass to them, and provide for a flexible approach in the event that the transferor is insolvent.

New TUPE Regulations were intended to come into force on 1 October 2005. However this is not now expected until 6 April 2006.

Watch this space for further details and actions to take. No action required currently.

The draft regulations can be found at: see: http://www.dti.gov.uk/er/tupeconsultation.pdf

For further information :

Call 01792 234 761

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Text us on 07812 198761 – we promise to reply within 24 hours.

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