New year brings out raft of employment regulations

EMPLOYERS are facing significant changes in employment law this year, which will impact on the way they run their businesses. Diane Nicol, a partner within the people services team at law firm McGrigors, highlights five things to look out for.

Publication of the draft age discrimination regulations is imminent. There is now a need for employers who have not already done so to review their recruitment, selection, promotion and termination practices and begin changing attitudes even though the regulations will not become law until late 2006. Employers should remember that this legislation will not just protect those who are older, but will protect various age groups.

The coming into force of the Information and Consultation regulations on 6 April 2005 could result in a significant increase in employee involvement in businesses. Employers should be prepared, although there are no obligations on employers to comply with the regulations unless there is an employee request of at least 10 per cent of the workforce.

Employers should be reviewing their existing arrangements to check whether action needs to be taken.

Amendments to Transfer of Undertakings (protection of employment) regulations (TUPE) will clarify what happens to pensions on a transfer and are likely to require that those to whom employees transfer provide a broadly equivalent scheme.

Further amendments to the DDA (Disability Discrimination Act) towards the end of 2005 will be made to widen the category of mental impairment, which is likely to mean that stress will be included (although the CBI is lobbying against this) and other conditions such as cancer will be automatically recognised as disabilities.

Likely changes to Working Time Regulations are expected, announcements regarding "opt out" are awaited with bated breath and whether the ability to agree to an opt out will be retained is being argued out in Europe at the moment.