New business regulations to come into force on 6 April

A raft of new regulations are due to come on stream on 6 April, businesses are being advised.

The government established 6 April, along with 1 October, as one of two common commencement days each year. These are the dates when government departments introduce any new business regulations.

Among the new rules due to come into force on 6 April are a number of measures affecting employment.

Maternity leave rights will be extended to include benefits packages. Any female employees who give birth after 5 October will be able to keep employment benefits such as company cars for the whole of the period of maternity leave.

There are changes, too, to the sexual harassment rules. As from 6 April, employers will have a duty to protect staff from sexual harassment by customers and suppliers. Employees will be able to claim compensation from employers who fail to take reasonable steps to protect them from harassment by a customer or supplier if their bosses were already aware of at least two previous incidents. Employees can still make a claim if the harassment is carried out by three separate customers or third parties and not just the same person.

The rules on informing and consulting employees will now include firms with between 50 and 99 workers. Although there is no mandatory obligation to have an information and consultation policy in place, should 15 or more staff ask for a council to be set up to keep staff informed of decisions that will affect them, then the business must accede to the request.

Occupational pension schemes will also be extended to firms with 50 or more employees.

There are new rules on agency workers too. Among these, employers will no longer be allowed to make an offer of work to an agency worker conditional on the worker using and paying for such services as accommodation and transport.

Also coming into force on 6 April will be the Corporate Manslaughter Act, which means that, in the case of a work-related fatality, the employer will be expected to demonstrate that appropriate health and safety measures were in place and that there was no gross breach of duty of care by the business.

The new law defines a gross breach as “conduct which falls far below what can reasonably be expected in the circumstances”. Firms found guilty could face a penalty of up to 10 per cent of their annual turnover.