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Employment law: what you need to do for 6 April

There are a range of employment law changes, covering sex discrimination, corporate manslaughter, information and consultation and statutory rates, coming into effect on 6 April 2008. XpertHR has provided a round up of our resources on each affected area.

Employers with more than 49 but less than 100 employees may be getting to grips with the requirements of the Information and Consultation of Employees Regulations 2004 [subscription required]. These are extended to cover undertakings with 50 or more employees from 6 April 2008. In addition, requirements for employers to consult with members before making major changes to pension schemes [subscription required] are also extended.

Employers should also be aware that the rates of statutory maternity, paternity and adoption pay are increased [subscription required], while the rate of statutory sick pay also rises [subscription required].

The introduction of the offence of corporate manslaughter [subscription required] allows organisations to be prosecuted for management failures that lead to the deaths of employees and others from 6 April 2008. Although widely publicised, the new offence does not place any further obligations on employers and should hold no fear for organisations that are already safety-conscious.

Employers should review their anti-harassment and dignity at work policies to ensure that they comply with the Sex Discrimination Act 1975 (Amendment) Regulations 2008 [subscription required]. These Regulations, only published in mid-March, make several changes that have effect from 6 April 2008.

The definition of sexual harassment is widened to remove the causal link between harassment and the sex of the person being harassed. This means that a claim can be made by someone who is not subjected to the unwanted conduct him- or herself (such as a witness), but who nevertheless has his or her dignity violated or where an intimidating environment has been created for him or her.

The Regulations also makes it unlawful for an employer to fail to take reasonably practicable steps to protect employees from harassment by third parties where such harassment is known to have occurred on at least two other occasions.

The Regulations make other changes in relation to the extent to which it is not discriminatory to deprive a woman of the benefit of her terms and condition of employment during maternity leave. However, these apply where a woman's expected week of childbirth begins on or after 5 October 2008, so employers have some extra time to consider how these changes impact on their maternity practices.

Stephen Simpson | |

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