Common commencement dates for new regulations

Following the Government's decision to introduce new changes to domestic employment law on two dates each year, i.e. 6 April and 1 October (see newsletter dated 16 January 2004), the Department of Trade and Industry is now consulting, through its Small Business Service, on the feasibility of introducing common commencement dates across the different areas of UK law.

The intention of the consultation is to coordinate changes to policy and to make businesses aware of when changes will be made in order to provide them with sufficient time for them to plan for new measures and implement them effectively. The consultation document proposes 12 weeks at "sufficient time".

Many Government departments have been involved in the preparation of the consultation document, including those responsible for other legislation that affects payroll and personnel departments, namely the Department for Constitutional Affairs, Department for Education and Skills, Health and Safety Executive, Home Office, Inland Revenue, Scottish Executive and the Department for Work and Pensions.

The key issues raised in the consultation document are:

• What areas of law would firms like to see covered by common commencement dates?
• Should the proposals also apply to areas of the tax system?
• Are there times of the year should be avoided?
• Should common commencement dates for European legislation be considered?

All businesses, business organisations, trade associations, advisers and other interested bodies are invited to comments on these issues. The consultation period runs until 3 September 2004.

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...back to 7 May 2004


(Source: www.sbs.gov.uk/content/consultations/ccdates.pdf)

Employment Regulations

Beginning in 2004, the DTI will introduce domestic employment regulations for which it has responsibility on two dates each year: April 6, the start of the tax year, and October 1, the date when the minimum wage is revised. The DTI has published its first annual statement describing those Regulations that the DTI will introduce during 2004.

Regulations to commence on 6 April 2004

• Conduct of Employment Agencies and Employment Businesses Regulations (see above)
• Extension of Acas Arbitration Scheme to Scotland
• Maternity leave and paternity, and adoption leave and pay regulations - technical amendments to the Regulations that took effect in April 2003
• Regulations to introduce new fair piece rate regime under the National Minimum Wage

Regulations to commence on1 October 2004

• Annual revision of the National Minimum Wage
• Discipline and Grievance Code of Practice
• Dispute Resolution Regulations
• Employment Appeal Tribunal Rules
• Employment Tribunal (Constitution and Rules of Procedure) Regulations
• Employment Tribunals: New application forms
• Equal Pay Act, simplification of the Rules of Procedure in equal value claims
• Equal Pay Act, amendments to the "No reasonable grounds" provision
• Amendments to TUPE Regulations

Other changes, prompted by changes in European Directives, cannot always take effect on these two dates. The following two changes will take effect on the dates shown:

• 1 August 2004 - changes to Junior Doctors' working time
• 8 October 2004 - Regulations to implement the European Company Statute

A small number of other changes take effect on other dates:

• The annual uprating of tribunal awards and the limits on statutory redundancy pay and guarantee payments take effect from 1 February 2004 (see news of 5 December)
• The new standard rate of SMP, SPP and SAP to £;102.80 will apply from the first payment week starting on or after Sunday, 4 April 2004.

(Source: www.dti.gov.uk/er/regs2004.htm)
... back to 16 January 2004

Commencement dates for employment legislation

The Government consultation on the dates on which new employment legislation should, in future, take effect closed at the end of January. The Government has considered the 58 responses received and has announced the following decisions:

• There will be two set commencement dates for domestic employment regulations for which the DTI is responsible, i.e. 6 April, the date that most tax changes are introduced, and 1 October, the date when the minimum wage is uprated.
• There will be no change to the review of tribunal awards and statutory payments on 1 February each year.
• European legislation, for which dates have already been announced for implementation during 2003, will be introduced on those dates. From January 2004, the DTI will plan the 'coming into force' dates for Directives where deadlines have already been set, but which have not yet been implemented, on a case-by-case basis. For future Directives, the DTI will endeavour to negotiate three-year transposition periods in order to allow sufficient time to consult and introduce on 6 April or 1 October.
• Starting in January 2004 and each year thereafter, the DTI will publish an annual statement of forthcoming employment regulations.

(Source: www.dti.gov.uk/er/commencement_response.htm )
...back to 4 April 2003