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