BISHOP’S STORTFORD FLYER MAY 2010
IMPROVING EMPLOYEES’ EFFECTIVENESS AT WORK?
From 6 April 2010, employees with 26 weeks’ service (at the date of their request), working for organisations with 250 or more employees can request time off work to train or study. This right will be extended from 6 April 2011 to all employers regardless of their size.
The Employee Study and Training (Procedural Requirements) Regulations 2010, which are being introduced under the Apprenticeships, Skills, Children and Learning Act 2009, are very similar to those governing flexible working. The right to request time off to train or study will have to be considered in accordance with a statutory procedure.
However, there is no absolute right to take time off for training and no requirement for employers to pay employees during the time off or indeed pay for the training itself. The training or study does not have to lead to qualification but it should improve employees’ effectiveness at work and therefore benefit the organisation.
The employee must explain how the effectiveness will be brought about and once the request has been submitted they cannot re-apply for another 12 months, irrespective of the outcome. An employer must meet with the employee to discuss the request in detail within 28 days of receiving the request. A decision must be advised in writing to the employee within 14 days of the meeting.
If the decision is positive the employer must confirm what has been agreed in writing and this must include what is being studied, where and when the studying will take place and if it is to be funded. In addition, it must be confirmed whether or not the employee will be paid during the time off.
Employers can refuse requests only for reasons set out in the legislation. The employee can appeal the decision within 14 days.
Breaching the procedure could lead to a tribunal award of up to £3,040.
For more information please contact Simonne McIvor or
There are a number of new employment related regulations coming into force on 6 April 2010. This is a brief summary of those regulations that may affect you or your business.
• Fit notes - these replace sick notes issued by GPs and will state what the worker can do, rather than what he or she is prevented from doing.
• Pension date - the date from which the individual can draw the state retirement pension will not necessarily fall exactly on a woman’s 60th birthday. For example, a woman who reaches age 60 between 6 April 2010 and 5 May 2010 will have a state pension date of 6 May 2010. This date also affects the payment of the employee’s NI contributions.
• NI contribution years - individuals who reach state retirement age only have to have to accumulate 30 full years of NI contributions or credits to gain a full state pension.
• A single year of NI contributions will count towards the state pension . Until now a person had to accrue at least one quarter of their working life (about 11 years for a man, 10 for a woman) to be entitled to any state retirement pension. Each year of NI contributions will be worth roughly £3.20 of weekly pension at current rates. It will be essential to accurately record the NI number for every employee, so that each individual can collect their pension entitlement when they retire.
• Home responsibility protection credits (HRP) will be given on a weekly basis. This will allow the HRP credit be combined with actual NI contributions to make up a full year of NI credits. HRP credits are given where a person stays at home to look after a child and claims child benefit.
For more information on any of these points, please contact
either Jeremy Fozzard or Mark Williams
www. f lyeronl ine.co.uk
Please ment ion ‘The Flyer ’ when responding to adver t isments
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