While our minds are generally directed towards Christmas those of you are lucky enough to be having Christmas parties and a festive break now is a good time to take stock and plan ahead for the New Year. It’s never too early for a spring clean!

Businesses should capitalise on the gradual improvement in business confidence following the recession, although it should be stated that a significant number of businesses are still having to continue with measures such as short time working and lay off well in to the New Year.

From the employment law point of view, there are impending changes to the law on discrimination, as a result of the Equality Bill currently proceeding through Parliament, which is expected to be in force in April 2010.

It is not anticipated that this Bill will be a casualty of the General Election. It has already passed the various stages in the House of Commons and is currently proceeding through the House of Lords and is due to have its second reading on the 15th December with a full debate.

The Bill, if enacted, will consolidate in one Act, all the existing legislation on equality and discrimination.

In so doing, the Equality Bill will also tighten up the law generally, will outlaw pay secrecy clauses in contracts, will give Employment Tribunals the power, in discrimination claims, to make recommendations which will apply to the whole workforce of an employer, not just to the successful claimant.

The Bill will also create a single public sector equality duty and also enable employers to take positive action when selecting between two equally qualified candidates.

The Bill will also strengthen the law on equal pay and require large employers to publish details of the pay of both male and female employees.

Employers should therefore review their staff handbooks and contracts of employment, particularly in relation to equality clauses, policies and provisions in anticipation of this Bill becoming law in the spring.

It is also proposed that from April 2010, sick notes will be replaced with “fit notes” which will allow a GP to indicate whether an employee is fit for work and make suggestions to an employer to facilitate an employee’s return to work.

Another change is the long heralded proposal that up to six months of maternity leave will be transferable to the father during the second six months of a child’s life. It is indicated that this will become law in April 2010, but only effective for children born on or after the 3rd April 2011.

Whether this becomes law before the General Election or not, employers would be wise to prepare for such a change, as this will have an impact on employers in accommodating such requests from fathers.

For more information on these topics or any other aspect of employment law or health & safety please do not hesitate to contact us on 0161 785 2000