Motor Industry Legal Services

Statutory Update

Major Changes

In the pipeline for Autumn 2008 are the following major areas of change for employers in the motor industry:-

  1. The Government has published its first consultation paper on the extension of the right to request flexible working. There is no immediate change to the law in this field, however their paper gives indications as to how the law may be changed in the future and gives employers an opportunity to put forward comments.

    The following areas are to be consulted upon:-
    • How awareness of flexible working can be raised and how the process can be made easier for business.
    • Consultation regarding the proposed extension to the flexible working regulations to include parents with children up to those aged 16 (rather than 6).
    • Consultation on how to reduce the paperwork involved in flexible working and whether the requirement for a formal request in writing should be abandoned.
    • Consultation on increasing the awareness of free online tools available to assist employers.
    • Lastly, the consultation also makes clear that an increase in the age cut off regarding the right to request flexible working will be introduced in April 2009.

  2. Don’t forget that the national minimum wage is subject to its yearly increase from the 1st October 2008. The rate for a normal adult worker aged 22 will be £5.73 per hour.


  3. An important change in maternity law is approaching. From the 5th October 2008 the distinction between ordinary and additional maternity leave is to be removed. This will mean that a woman whose expected week of childbirth (EWC) begins on or after 5th October 2008 will have the right to the same terms and conditions during additional maternity leave (AML) as they currently enjoy during ordinary maternity leave (OML). The effect has potential cost implications for employers and particularly motor industry employers with their generous car policies. It means that employers who remove benefits during AML that are available during OML – such as company cars, insurance etc – are likely to face claims of discrimination.
 

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