| Unless you've been living under a rock in outer space | | | | must be kept smoke free. Increased Holiday |
| then you'll have heard about the smoking ban, but do | | | | Entitlement Under the new Working Time Regulations |
| you know about the legal updates on maternity leave, | | | | 2007, from the 1st October 2007 the minimum holiday |
| holiday entitlement and corporate management? | | | | entitlement increased from 4 weeks per year to 4.8 |
| Workers, employers and directors need to be aware | | | | weeks per year. This represents the first stage of a |
| of these developments. In case you're not up to speed, | | | | two-stage increase to 5.6 weeks to be completed on |
| here is an overview of what you need to know. | | | | 1st April 2009. What Does this Mean for Employers? |
| Maternity Leave and Maternity Rights The Work and | | | | Providing employees receive 20 days holiday |
| Families Act 2006 enforced changes to employment | | | | entitlement per year and do not work on public |
| and maternity leave regulations, employee's maternity | | | | holidays there is no change, as the new minimum |
| leave rights and certain key notice periods. For | | | | holiday entitlement is inclusive of public holidays. Any |
| mothers of children born after 1st April 2007, these | | | | employer whose staff have less than 24 days holiday |
| changes are now in force. Maternity Leave: All female | | | | entitlement including bank holidays are obliged to |
| employees are now entitled to a total of 52 weeks' | | | | increase this. Employers also have a duty to inform |
| maternity leave. This is divided up into Ordinary | | | | staff of any increase in holiday entitlement through |
| Maternity Leave and Additional Maternity Leave, each | | | | either a letter or a short statement, for example on a |
| of 26 weeks. The employer must also carry out a | | | | pay slip. Companies Act 2006 - Oct 2007 |
| pregnancy risk assessment. Statutory Maternity Pay | | | | Implementation The Companies Act 2006 was |
| and Maternity Allowance: For 39 weeks of their leave, | | | | enacted following a review of company law in the UK. |
| it's an employee's maternity leave right to receive | | | | One of the major changes under the Companies Act |
| either Statutory Maternity Pay or Maternity Allowance, | | | | is that four of the seven directors' duties are now |
| depending on how long she has worked for the | | | | codified for the first time (the other three are still |
| employer. Working During Maternity Leave & KIT | | | | awaiting commencement and remain under common |
| Days: Employees on maternity leave are entitled, | | | | law). Other changes involve shareholder written |
| subject to employer's approval, to return to work | | | | resolutions, AGMs and statutory company registers. |
| during maternity leave for a maximum of 10 days. This | | | | Shareholder Written Resolutions: Whilst private |
| may be for a day of work or to attend training or | | | | companies have been able to make use of written |
| other events. Such days are normally known as | | | | resolutions for some time, they could only be passed |
| Keeping In Touch (KIT) Days. Returning to Work: It's an | | | | with unanimity. With the new Companies Act it is now |
| employee's maternity leave right to return to work at | | | | only necessary to secure the agreement of members |
| the end of their maternity leave. To facilitate a smooth | | | | representing 50% (for ordinary resolutions) or 75% (for |
| transition from maternity leave to work and to assist | | | | special resolutions) of the total voting rights of eligible |
| new mothers in balancing priorities, flexible working | | | | members.. General Meetings: With effect from 1st |
| may be applied for. Simply-Smoke-Free Since 1 July | | | | October 2007, private companies are no longer |
| 2007 it has been an offence to smoke in a public | | | | required by law to hold an AGM. Previously private |
| place or place of work. A company has a duty to | | | | companies were able to pass an elective resolution to |
| provide a safe, smoke free working environment and | | | | dispense with an AGM, but with the new Companies |
| uphold the new ban imposed on smoking in public | | | | Act there is no statutory requirement to hold AGMs |
| places, as set out in the Health Act 2006. No Smoking | | | | although a company may decide to hold them. |
| signs must be placed in all smoke free workplaces and | | | | Statutory Company Registers: The Companies Act |
| vehicles. This assists in compliance with the overall | | | | 2006 removed the obligation to maintain a Register of |
| obligation on a company to ensure that employees, | | | | Directors Interests as of 1st April 2007. The register |
| visitors and customers are all aware that such areas | | | | must now show a service address rather than a |
| and vehicles must, under the law, be smoke free. | | | | residential address. Companies must now also keep a |
| Smoke Free Policy: Fines may be levied upon | | | | Register of Directors' Residential Addresses. |
| employers that fail to respond to the changes in the | | | | Iain Mackintosh is the managing director of |
| law on smoking. If an area is enclosed or substantially | | | | Simply-Docs. The firm provides over 1100 legal |
| enclosed, it should have been smoke free since 1 July | | | | document templates covering all aspects of business |
| 2007. Smoke Free Vehicles: If a vehicle is to be used | | | | from the new holiday entitlement requirements to |
| to transport members of the public, or in the course of | | | | workplace health and safety laws. |
| paid or voluntary work by more than one person, it | | | | |