Alerter - Forthcoming legislation

Coming into force on 1 October 2005:

The Employment Equality (Sex Discrimination) Regulations 2005. These extend the protection given by the Sex Discrimination Act 1975 so that:

protection from victimisation will continue post-employment. For example, refusal to provide a reference where an employee has complained of sex discrimination may amount to victimisation
harassment is expressly included as a defined form of unlawful discrimination. In practice this is a more of a technical change given that harassment has previously been covered as a form of direct discrimination.

The National Minimum Wage rates increase on 1 October. The adult rate (for workers aged 22 and over) will increase to £5.05, and the development rate (for workers aged 18-21 inclusive) will increase to £4.25. The rate for 16 and 17 year old workers remains at £3.00 per hour.

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 use of standard Claim and Response forms in Employment Tribunals now mostly compulsory.

Coming into force on 5 December 2005:

The Disability Discrimination Act 2005. This act amends the Disability Discrimination Act 1995 (DDA). From 5 December 2005, the DDA will be extended to bring HIV, multiple sclerosis and some forms of cancer within its ambit from the point of diagnosis. It will also become unlawful for publishers to publish discriminatory advertisements on behalf of advertisers. Further, the requirement that a mental illness needs to be 'clinically well-recognised' before it can amount to a disability will be removed.

Further provisions of the 2005 Act will come into force in December 2006.

The Civil Partnership Act 2004. This act will give same sex couples the opportunity to gain legal recognition for their relationship. It will amend the Sex Discrimination Act 1975, so that protection from discrimination on the grounds of marital status will be extended to include those who conclude a civil partnership. It will also amend the Employment Equality (Sexual Orientation) Regulations 2003 to make it clear that the status of a civil partner is comparable to the status of a spouse. This act will also have an effect on employment and pensions benefits for same sex couples, and, amongst other things, provide access to fatal accidents compensation and recognition for immigration and nationality purposes for those in a civil relationship.


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