Useful Employment Law Updates for October 2014

This article aims to bring to you some of the most important employment law highlights from October 2014 and onwards.

 
Right to time off for antenatal appointments

 
From 1st October 2014, fathers and partners (including same sex) of pregnant women will be entitled to unpaid time off to attend antenatal appointments with the expectant mother. “Partner” includes the spouse or civil partner of the pregnant woman (of either sex) in a long term relationship with her, and the right applies whether the child is conceived naturally or through donor insemination. Unpaid leave will be granted for up to six and a half hours per appointment for one or two appointments. Workers may be asked to provide a declaration to their employer that they are eligible to the unpaid leave and confirm details of the appointment, including that it was made on the advice of a registered medical practitioner, nurse or midwife. Employers are not, however entitled to ask for evidence of the ante-natal appointment such as an appointment card. This is because the appointment card would be considered as the property of the expectant mother. Furthermore, there is no minimum service requirement for employees, however qualifying agency workers will need to have been doing the “same kind of job” for the same hirer for at least 12 weeks.

 
Full details of the new entitlement can be found at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/351413/bis-14-1063-time-off-to-accompany-a-pregnant-woman-to-ante-natal-appointments-employer-guide.pdf

 
National minimum wage

 
With effect from 1st October 2014, the National Minimum Wage for workers aged over 18 will increase from £6.31 per hour to £6.50 per hour. The rate for 18 to 20 year olds will increase from £5.03 per hour to £5.13 per hour. Workers under the age of 18 will now be paid £3.79 per hour and apprentices £2.73 per hour. (www.gov.uk/national-minimum-wage-rates)

 
Shared parental leave

 
For babies due on or after 5th April 2015, or children who are placed for adoption on after that date; parents-to-be will be interested to know that they will be able to share maternity leave entitlement. The Regulations are due to come into force in December 2014 and will apply to eligible mothers, fathers partners and adopters.

 
Currently, eligible mothers are entitled to 52 weeks’ maternity leave and 39 weeks statutory maternity pay or maternity allowance. Eligible fathers or partner’s are also entitled to two weeks’ paternity leave in order to provide support following the birth or placement of a child.

 
The new Shared Parental Leave regulations aim to offer greater flexibility than current provisions with key points highlighted below:

 
Eligible parents will be able to share a pot of leave.
They can decide whether or not they wish to take it in turns or take the time off together
The same rights to Shared Parental pay and leave will apply to parents who are adopting.
Parents wishing to take advantage of these new Regulations will need to be aware that there is a two-stage test for eligibility and that there are a number of different notices that employee’s must give.

 
For further details, ACAS has produced a useful guide on shared parental leave and pay, which can be found here:
http://www.acas.org.uk/index.aspx?articleid=4911

 
Whistleblowing

 
“Whistleblowing” is a phrase we hear a lot but what does it mean? It is a phrase used to refer to the disclosure by a worker of an alleged act of wrongdoing at their workplace or within their organisation that it is in the public interest to disclose. Workers who “blow the whistle” are offered legal protection against dismissal and victimisation as a result of their disclosure under the Public Interest Disclosure Act 1988.

 
Whistleblowing can be a challenging thing to do, particularly where allegations of serious wrongdoing on a large scale are involved. Workers who feel unable to report wrongdoing to their employer can approach a “prescribed person” with their disclosure.

 
With effect from 1st October 2014, the existing list of prescribed persons (Public Interest Disclosure (Prescribed Persons) Order 1999 ) is being revoked and a new list implemented.

 
Prescribed persons have previously included persons such as the Commissioner for HMRC, the Serious Fraud Office, the Children’s Commissioner and the Information Commissioner, however additions to the new list include MPs and government ministers.

 
The full list of prescribed persons with effect from 1st October 2014 can be found in the Public Interest Disclosure (Prescribed Persons) Order 2014 at: http://www.legislation.gov.uk/uksi/2014/2418/made.

 
Whilst every effort has been made to maintain accuracy throughout this article, Nationwide Employment Lawyers cannot accept responsibility or liability for any errors. This article is intended for guidance purposes only and does not constitute specialist legal advice. Nationwide Employment Lawyers accept no responsibility or liability whatsoever for any action taken or not taken in relation to this article and recommend that appropriate legal advice be taken in all circumstances.