Employment Law News
1st October 2004

Here is our latest Employment Law newsletter . We hope you will also visit our web site at www.oxford-employment-law.co.uk which now includes a comprehensive and regularly updated free employment law section available for you to use whenever and as often as you like to find answers to basic employment law questions. We will, of course, be pleased to assist you with individual advice when that is required.

Clickable "what's new" index


1. Bills before Parliament (employment related)
2. Royal Assents in 2004 (employment related)
3. New ICR and IRLR case reports
4. New Rules of Procedure for employment tribunals
5. Other 1st October new stuff
6. Employment Relations Act 2004
7. EC changes to Working Time Rules
8. Consultation with staff
9. Pension Bill amendments
10. Increaes in immigration fees

1. Bills before Parliament (employment related)

The following employment related Bills are currently in draft or before Parliament:-

1. Armed Forces Pensions Compensation Bill;  2. Christmas Day Trading Bill; 3. Civil Partnership Bill; 4. Civil Service Bill; 5. Companies (Audit, Investigations and Community Enterprise) Bill; 6. Corporate Killing Bill; 7. Crown Employment (Nationality) Bill; 8. Directors' and Employees' Pensions (Provision of Information) Bill; 9. Draft Disability Discrimination Bill;  10. Fire and Rescue Services Bill;    11. Human Rights Act 1998 (Making of Remedial Orders) Amendment Bill; 12.  Income Tax (Trading and Other Income) Bill. 13.  Partnerships Bill (proposed); 14. Pensions Bill;  15. Sex Discrimination (Clubs and Other Private Associations) Bill; 16. Smoking in Public Places (Wales Bill); 17. Tobacco Smoking (Public Places and Workplaces) Bill



 


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2. Royal Assents in 2004 (employment related)

The following Acts with employment law relevance have been enacted during 2004:-

1. Asylum and Immigration (Treatment of Claimants etc) Act 2004;  2. Carers (Equal Opportunities) Act 2004;  3. Employment Relations Act 2004;  4. Fire and Rescue Services Act 2004; 5. Gangmaster (Licensing) Act 2004; 6. Gender Recognition Act 2004; 7.  National Insurance Contributions and Statutory Payments Act 2004;  8.  Patents Act 2004.

  • for notes on and links to each of the above new Acts go to notes at  ACTS OF PARLIAMENT etc
  • for a linked listing of all recent employment law related Statutory Instruments go to Recent SI's



 


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3. New ICR and IRLR case reports

A unique feature of this program is provision of thumbnail summaries and/or or headnotes of all cases reported in current editions of the ICR and IRLR law reports. Wherever possible (ie almost always) we also provide direct links to the full text judgments. All this is in addition to linked thumbnail summaries and/or headnotes of more than 1,500 other cases, new and old.



 


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4. New Rules of Procedure for employment tribunals

Pending arrival of books on the subject we believe that our notes are the most comprehensive source of information available on the new employment tribunal rules of procedure in force from 1st October 2004 - and even when books arrive, they will not have the invaluable cross-referencing provided by our hyperlinked internet notes.



 


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5. Other 1st October new stuff

The government's preferred dates for implementing new employment law rules are Ist April and 1st October in each year.   Here is a  list of employment related changes on 1st October 2004 with emplaw links:



 


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6. Employment Relations Act 2004

Royal Assent was given on 16th September 2004.  The Act is mainly concerned with trade union affairs but also makes important changes to general employment law. When brought into force it will give greater rights to a companion accompanying a worker at a disciplinary or grievance hearing.  It will also remove the upper age limit and one year minimum employment condition in unfair dismissal cases arising from breach of an employee's right to request flexible working and provide for automatic unfair dismissal in relation to time off for jury service - go to ACTS OF PARLIAMENT etc / Employment Relations Act 2004



 


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7. EC changes to Working Time Rules

On 22nd September 2004 the European Commission announced the result of its consultation on the Working Time Directive and issued a draft amending directive.  The individual opt-out from the 48 hour week option will remain  but subject to much stricter conditions "to prevent abuse" and a normal overall limit of 65 hours. The (draft) directive outlaws making of opt-out agreements at the start of employment and limits them to one year (renewable).  Other changes are also proposed - go to Working Time Regulations / 2004 EC proposals



 


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8. Consultation with staff

ACAS, the DTI, the CBI and the TUC have combined to produce an ACAS/DTI/CBI/TUC Good Practice advice document on the Information and Consultation of Employees (ICE) Regulations coming into force on 6th April 2005 - go to Consultation with employees / Information and Consultation proposals 2004



 


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9. Pension Bill amendments

Employee members of an occupational pension scheme have the right is to appoint one-third of the trustees.. In September 2004 the government announced amendments to the Pensions Bill to increase this to half of the trustees - go to BILLS BEFORE PARLIAMENT / Pensions Bill 



 


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10. Increaes in immigration fees

Employers applying for work permits for prospective foreign employees have to pay a fee for consideration of their applications. The fee was £95 until 2nd July 2004. It was increased to £153 with effect from 2nd July 2004 - go to Immigration / work permits / a general note



 


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prepared 1st October 2004.
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