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ARTICLE · 26 JANUARY 2009

Don´t Overlook The Employment Act 2008 Changes

Muckle LLP
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It would be wrong to assume that the Employment Act 2008 is confined to the abolition of the Statutory Dispute Resolution Procedures.

United KingdomEmployment and HR
Tony McPhillips
Tony McPhillips

It would be wrong to assume that the Employment Act 2008 is confined to the abolition of the Statutory Dispute Resolution Procedures.  Whilst this is the most publicised change being introduced by the Act we must not overlook the fact that it makes a number of other important changes, including:

  • changes to the National Minimum Wage (NMW);
  • Employment Agencies' enforcement regimes; and
  • a trade unions' ability to expel members. 

NMW changes

The Act will improve the enforcement framework for the NMW by introducing a new formula for calculating arrears for employees who have been paid below the NMW.  The current enforcement and penalty notices for failure to pay the NMW will be replaced with a single "notice of underpayment" thus simplifying the regime.  Existing offences under the NMW Act 1998 will now be triable either way in a Crown Court or Magistrates' Court.  Most significantly of all however is that tribunals will be given the power to

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