Paternity leave and equality the focus of new employment laws

Next month also sees increases to some of the statutory payment rates for new parents and those entitled to sick pay.

Public authorities focus on advancing equality, new positive action provisions in certain circumstances and an immigration cap, restricting the number of migrants from outside Europe entering the UK to work will also come into effect.

Additional paternity leave (APL) will be available to fathers of babies born after 3 April 2011, and will entitle parents fathers to take up to six months leave in the second six months of their child's life if the mother has returned to work.

The Government hopes to consult on a fully flexible system of shared parental leave and to introduce it from 2015. This will replace APL.

Statutory maternity, paternity and adoption pay will increase from £124.88 to £128.73, and the weekly earnings threshold will increase from £97 to £102. Maternity allowance will increase from £124.88 to £128.73, but the earnings threshold will remain at £30.

Statutory sick pay will increase from £79.15 to £81.60, while the weekly earnings threshold will increase from £97 to £102.

The default retirement age (DRA) of 65 will be phased out from 5 April 2011. After this date any retirement dismissals will, unless objectively justified, amount to unlawful discrimination. Limited transitional provisions mean that employees can be safely retired provided certain strict conditions are met.

New positive action laws will also permit employers to select a candidate for a new job or promotion on the basis of a protected characteristic, such as race or gender, when faced with two or more candidates of equal merit - providing this is done to address under-representation in the workforce.

New public sector equality duties will also replace current race, gender and disability duties with a general duty for public authorities to eliminate discrimination, harassment and victimisation and advance equality of opportunity in the workplace. This general duty will be underpinned by a series of specific duties, due to come into force in July, which will require public bodies to set specific, measurable equality objectives and to publish information about their performance on equality.

This month also sees new immigration controls introduced, creating a permanent cap on overall immigration to the UK from migrants from outside Europe.

An annual limit of 21,700 skilled migrants will be permitted, with 1,000 of those coming under a new "exceptional talent" route introduced to cover entrepreneurs, investors and those with a particular skill.