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21 November 2008
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employment law changes in 2008

There are a number of key employment law changes expected to be introduced in 2008. Amongst these are the introduction of new illegal working fines in February, changes to sex discrimination legislation in April and the coming into force of corporate manslaughter laws in April.

Employment Rights (Increase of Limits)

This order is expected to come into force from 1 February 2008 and will ensure that businesses source migrant labour through legal means or face severe penalties. This comes as part of the Home Office’s comprehensive programme to reform Britain’s immigration controls.

The Government is setting out new measures to prevent illegal working following a consultation with UK businesses. Under a new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers are found to have knowingly hired illegal workers that could incur an unlimited fine and be sent to prison. These proposed penalties form part of the biggest immigration shake-up for forty years.

For more information, please visit the Border & Immigration Agency at www.ind.homeoffice.gov.uk

Changes to the Sex Discrimination Act

The Equal Opportunities Commission was successful in an application for a judicial review of the implementation of the Equal Treatment Directive through the Employment Equality (Sex Discrimination) Regulations 2005, which amended the Sex Discrimination Act 1975. The High Court found that the Regulations did not adequately implement the Equal Treatment Directive and the Government is obliged to make appropriate amendments to the Act. These changes were originally meant to come into force on 1 October 2007 but they have been postponed and are due for implementation as of 1 April 2008.

Corporate Manslaughter and Corporate Homicide Act 2007

As of 6 April 2008, new laws on corporate manslaughter will be introduced. These laws will create a new offence of corporate manslaughter (or corporate homicide in Scotland) which would allow businesses to be prosecuted for management failures that lead to the deaths of employees and others.

For more information and to read the full Act, please visit the Office of Public Sector Information at www.opsi.gov.uk.


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