Being an employer can be difficult. There are few sectors with more laws and regulations.  Many local firms will have been hit this month by the increase in the minimum wage.  From 1st October 2005 the National Minimum Wage will increase as follows:

• the adult rate of the minimum wage (for workers aged 22 and over) will increase from its present hourly rate of £4.85 to £5.05 in October 2005

• the development rate (for workers aged 18-21 inclusive) will increase from the present hourly rate of £4.10 to £4.25 in October 2005.

The Government accepted the Low Pay Commission’s recommendations for a new rate for 16 and 17 year olds (above compulsory school leaving age) in its 2004 report.  The rate is £3.00 per hour from 1 October 2004 and there is currently no increase. 16 and 17 year old apprentices are exempt from the young workers rate.  If you need advice on this area of the law let us know.
 
Many new businesses are not always aware of their employment law obligations which include not only the minimum wage but the obligation to provide written conditions of employment. Failure to comply can lead to penalties.  Maternity, paternity and parental rights are another minefield where advice can be needed. All workers now have a right to request flexible working but not to be granted their request. However it is crucial that procedures are followed. The number of workplaces offering staff the choice of flexible working has almost doubled over the last six years, according to a survey from ACAS and the Department of Trade and Industry (‘the DTI’).
 
Finally the laws on Sunday trading have also recently been before the Court of Appeal. An employee was dismissed who refused to work on the Sabbath. It was held it was fair in this case to dismiss him.  The claim was brought by a Christian employee who was dismissed after refusing to accept shift-changes requiring Sunday working. The court of appeal ruled that Stephen Copsey's employers had "compelling economic reasons" for insisting that he worked on Sundays.   However, the Court of Appeal made it clear that employers must try to minimise the impact of changes to working hours on staff who hold strong religious beliefs. Employers need to balance the impact on business if they allow employees to follow their beliefs, against the impact on the individual of imposing shift-changes. So it can be sensible to take legal advice before making changes such as to shift days. Employers also need to consider the new law prohibiting discrimination on grounds of religion or religious belief (which did not exist in 2002 when the employee was dismissed in this case). It is now illegal to treat somebody less favourably on the grounds of their religion or religious belief, or to impose a requirement (such as working on a particular day of the week) which has a disparate impact on one particular religion and cannot be objectively justified on business grounds.

Contact Adam Marshall for further information on this topic.
Telephone:-01491 572138
E-mail:- amarshall@mercerslaw.co.uk