Agreement has now finally been reached by the EU Employment and Social Affairs Council on the working time opt-out and definitions of on-call time, as well as new proposals to extend employment protection to temporary agency workers. All that is required now is approval from the European Parliament.

The choice to opt out of the maximum 48 hour week remains. Changes agreed were as follows:

• On-call time will be split into “active” (working time) and “inactive” on-call time (neither working time nor rest time!) Active on-call time will be counted as working time; Member States can choose whether or not inactive on-call time counts as working time. However, inactive on-call time may not be counted as rest time.
• There will be a new limit of 60 hours per week for those who do opt out, unless the social partners agree otherwise (65 hours per week for workers who opt-out if inactive on-call time is counted as working time).
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The government is proposing that once they have completed 6 months employment, employees should have the right to request time off work for training.  The plans closely mirror existing rights to request flexible working. 

The Department for Innovation, Universities & Skills has published a draft Apprenticeships bill. The bill includes the power to prescribe model apprenticeship agreements and, most interestingly, specifically states that such an apprenticeship agreement would be a contract of service, not a contract of apprenticeship. This is an important distinction, as those employed on a contract of apprenticeship have greater rights.

Agency workers on short fixed term contracts will have same rights as other employees as of October 2008.

The new ACAS draft “Guidance Document” simplifies the process of grievance and discipline. Instead of setting out a statutory step by step procedure, it merely makes suggestions for both sides to reach settlement. Failure to follow the Code will not, in itself, make a person or organisation liable to proceedings and it will not result in the automatic unfair dismissal which can and does follow if an employer fails to abide by the current rules.  Instead, under the new rules, tribunals will be given a discretionary power to increase awards of compensation to employees by up to 25% if an employer unreasonably fails to comply with the Code.  The approach now is to trust employment tribunals to come to fair decisions rather than to try and legislate for every eventuality.

New guidance on whistleblowing has been issued by the British Standards Association and ‘Pubic Concern at Work’- the whistleblowing charity. 2008 marks the tenth anniversary of the Public Interest Disclosure Act. Here is the effect:

The PAS (Publicly Available Specification) explains why whistleblowing is now seen across private and public sectors as an essential element of risk management.  We now explain how it can be used as a key tool in tackling fraud and crime in your business. 

While the Public Interest Disclosure Act sets an international benchmark for reporting mischievous colleagues, only 40% of employees in UK businesses feel comfortable reporting misconduct say Public Concern at Work.

By implementing a sound whistleblowing policy in your workplace, you can iron out creases that you previously were unaware of.

Mike Low, Director of the BSI,

From 1 October 2008, consumers will have the same rights to a cooling-off period for sales resulting from a solicited call by a trader as they do for sales resulting from an unsolicited visit by a trader to a consumer’s home, workplace or at a location arranged by the trader away from their business premises. This will mean that consumers who agree to purchase goods or services with a total payment value of more than £35 will be able to cancel any agreement within a seven day cooling-off period. Businesses may need to make adjustments to their contracts and sales practices ahead of the commencement date.

The result would be a largely uniform law of partnership in England, Wales and Scotland (Scottish partnerships already being seen as legal entities) Partnerships in both jurisdictions would able to enter contracts and hold property and would not be automatically dissolved on any change of partner. Partners would continue to be personally responsible for the obligations of the partnership and would continue to owe duties of good faith to each other.

The result would be a largely uniform law of partnership in England, Wales and Scotland (Scottish partnerships already being seen as legal entities) Partnerships in both jurisdictions would able to enter contracts and hold property and would not be automatically dissolved on any change of partner. Partners would continue to be personally responsible for the obligations of the partnership and would continue to owe duties of good faith to each other.

The increases from 1st October 2007 are as follows:

• the adult National Minimum Wage increased from the previous £5.35 to £5.52;
• for 18-21 year olds increased from the previous £4.45 to £4.60; and
• for 16-17 year olds increased from the previous £3.30 to £3.40.

Plans for Additional Paternity Leave and Pay could entitle employed fathers to a new right of up to 26 weeks Additional Paternity Leave, some of which could be paid, if the mother returns to work.

The Work and Families Act 2006 has taken powers to enable this new provision to provide more choice to parents in caring for their child, giving fathers a greater opportunity to be involved in the upbringing of their child.