2003

1 February

• The annual increase in tribunal awards were announced. The compensatory award for unfair dismissal has increased from £52,600 to £53,500. The basic award for unfair dismissal has increased from a maximum of £7,500 to £7,800 (an employee’s statutory weekly pay is now subject to a maximum of £260 per week).   

6 April

• New regulations governing flexible working come into force. Employees who care for a child will be able to request flexible working arrangements, which must be given serious consideration by their employer. 
  
  
• New regulations governing maternity, paternity and adoption leave come into force. Ordinary maternity leave will increase from 18 to 26 weeks and additional maternity leave is extended. There are also changes to the qualifying criteria and notice requirements. A new right for paternity leave of 1-2 weeks will be available to qualifying employees and new adoption leave rights will mirror the new maternity leave rights. 
  
  
• A new questionnaire procedure will be available to employees who are contemplating or taking an equal pay claim. The questionnaire is designed to give employees access to pay information which has previously been very difficult to obtain.
  
  
• Amendments to the Working Time Regulations 1998 come into force. New restrictions on the working hours of young workers (between 15 and 18 years) will prevent employers from assigning young workers to work between the hours of 10.00pm and 6.00am or, where the young worker is contracted to work after 10.00pm, they cannot be assigned to work between the hours of 11.00pm and 7.00am. 

19 July

• Sex Discrimination Act 1975 Regulations 2003 (SI 2003 1657). These make chief constables liable for sex discrimination committed by one police officer against another and also prohibit discrimination after the employment relationship has come to an end, provided that the act of discrimination arises out of and is closely connected to the employment relationship. This is particularly relevant to the provision of references.
  
  
• The Race Relations Act 1976 (Amendment) Regulations (SI 2003/1626) change the definition of indirect discrimination, define harassment and make it a specific offence, reverse the burden of proof so that if an applicant makes out a case of discrimination, the burden shifts to the respondent to show that it was not race discrimination, and introduce the new defence that race is a ‘genuine and determining requirement’ for the employment.
  
  
• The Equal Pay Act 1970 (Amendment) Regulations remove the limitation in the Equal Pay Act 1970 that compensation for breach is for a maximum of 2 years, and extend the six-month period after employment during which a claim must be brought where an employer deliberately conceals relevant facts or if the applicant was under a disability.
  

1 October

• National Minimum Wage Regulations 1999 (Amendment) Regulations 2003 (SI 2003/1923) National minimum wage increased to £4.50 for the standard rate and to £3.80 for the youth rate. 

1 December

• The Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) outlaw discrimination on the basis of sexual orientation and include the statutory offence of harassment. Protection from discrimination may continue after the employment relationship has terminated.
  
  
• The Employment Equality (Sexual Orientation) (Amendment) Regulations 2003 (SI 2003/2827) outlaw sexual orientation discrimination in the way that pension schemes are administered.
  
  
• The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 SI 2003/2695. Prohibits drivers from using a hand-held mobile phone, or similar device, while driving. Importantly, will be an offence for a company to require or encourage employees to use mobile phones whilst driving.

2 December

• The Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) outlaw discrimination on the basis of religion or belief. As with the sexual orientation regulations, these regulations include the offence of harassment and in certain circumstances continue protection from discrimination after employment has terminated.
  
  
• The Employment Equality (Religion or Belief) (Amendment) Regulations 2003 (SI 2003/2828) outlaw discrimination on the grounds of religion or belief in the way that pension schemes are administered.