Facts and Figures > Equality Legislation > Looking Ahead

2011 Equality Legislation

April 2011

The new right to up to 26 weeks’ Additional Paternity Leave and pay will apply to parents of children due to be born or placed for adoption on or after 3 April 2011. To be eligible, the individual must:

• be an employee;
• be the father, spouse, civil partner or partner of the child’s mother or adopter;
• have responsibility for the upbringing of the child;
• have at least 26 weeks’ continuous service ending with the 15th week before the expected week of childbirth or the date of the placement notification (as applicable); and
• remain in continuous employment with that employer until the week before the first week of his Additional Paternity Leave.

Additionally, the mother or adopter of the child must have returned to work before using her full entitlement to statutory maternity/adoption leave.

From 3 April 2011 new rates of statutory sick, maternity, paternity and adoption pay will apply:

• statutory sick pay (SSP) will increase from £79.15 to £81.60 per week; and
• statutory maternity, paternity and adoption pay and maternity allowance will increase from £124.88 to £128.73 per week.

From 6 April 2011 the right to request flexible working is also extended to parents of children under the age of 18 (one year older than present).

From 6 April 2011 the transitional provisions relating to the removal of the default retirement age take effect and any retirement notification made prior to 6 April 2011 will still be effective, provided the retirement takes effect by 1 October 2011. After 6 April 2011 employers will no longer be able to issue notifications for compulsory retirement using the default retirement age procedure. If an employer wishes to issue a notification to retire an employee after 6 April 2011 then it must be able to objectively justify the decision to retire the employee at his or her age.

From 6 April 2011 the Equality Act 2010 introduces a new single public sector equality duty. This will replace the existing public sector equality duties in relation to race, disability and sex and will also encompass the following additional protected characteristics: sexual orientation, age, religion or belief, pregnancy and maternity, marriage and civil partnership and gender reassignment. Additionally, the provisions permitting certain positive action in recruitment under the Equality Act 2010 will take effect on 6 April 2011.

From 6 April 2011 the personal allowance for income tax for basic rate taxpayers under the age of 65 will be increased by £1,000 to £7,475. Employers’ and employees’ national insurance contributions will also rise by 1%. Additionally, the primary threshold for employees will be increased by £570 and the threshold at which employers pay National Insurance will be raised by £21 per week.

From 6 April 2011 the statutory right to request time off for training or study will be extended to include employees of companies with fewer than 250 employees.

In April 2011 the Bribery Act will come into force, which will introduce a new corporate offence of failure to prevent bribery by employees, agents or other associated persons working on behalf of the business. A defence applies if a business has adequate anti-bribery procedures in place.