· Features

Businesses must be first out of the blocks to stay ahead of employment legislation

The 1992 Olympic Gold medallist Linford Christie once coined a famous phrase which perfectly summed up the importance of planning. Christie often waxed lyrical about the starting pistol and leaving his blocks “on the B of the bang”. It was his strategy. His preparation.

The sprinter's legendary claim will undoubtedly be repeated by commentators when the Olympic rings land in London next year, but it's also a phrase that mirrors the legal issues faced today by businesses.

Like Christie, employers need a clear strategy to reach their goals and if they don't prepare for the legislative changes, then that finishing line can loom long into the distance.

Here, I would like to focus on those goals and the forthcoming changes to employment legislation.

Paternity leave and pay

The new Paternity Leave Regulations are imminent and affect the parents of children due on or after 3rd April 2011. Those qualifying will be permitted to take the maximum of 26 weeks additional paternity leave prior to the child turning one.

The right to take such leave only applies after one of the parents has returned to work with some statutory maternity leave left untouched.

Additional paternity leave may be available if:

You are the father of a child due on or after 3 April

Your partner is pregnant and due to give birth on or after 3 April

You and your partner receive notification that you are matched with a child for adoption on or after 3 April

The child's mother is entitled to statutory maternity leave

There will be strict guidelines surrounding the application for additional paternity leave and employees must provide a variety of information so their employer can assess eligibility. Accurate administration will be vital.

Retirement Age

The abolition of the Default Retirement Age (DRA) will have an impact on employers.

Although the DRA will not be scrapped until October, a timetable setting out transitional arrangements from 6th April will mean employers have little time to get to grips with proposals which the government hope will encourage people to work for longer.

Employers will have two options when dealing with retirement:

Continue to operate a compulsory retirement age

Or if they feel strongly enough, discontinue that policy

Whatever their conclusion, employers will be required to give strong justification for their retirement decisions and unfortunately, it will become commonplace to see the growth of employment tribunals.

The early advice for employers is to review their demographics. Who is close to reaching 65 and who's crossed that threshold? Aside from taking legal advice, these are the kind of questions employers should now be asking themselves.

Training and study

From 6th April 2010 employers with over 250 employees were obliged to consider employees' requests for time off for training or studying.

Interestingly, the employee has no right to be paid for study time although the employer could agree a single payment or negotiate flexible working.

Sally Morris, partner and head of the employment division at Midlands-based MFG Solicitors