Alan Johnson MP

Labour is the party of fair chances and fair rules.

 

Earlier this year the Government introduced three new rights which came into effect in April.

o       Extending the right to request flexible working

o       Increasing statutory holiday entitlement

o       Strengthening enforcement of the National Minimum Wage

 

These new rights build on a series of achievements by Labour which has delivered a fair deal in the modern workplace.

 

These measures are not happening by accident.  They are rights that would never have been introduced by a Conservative Government and shows the difference a Labour Government makes for hard-working people. 

 

New rights which came into force in April 2009

 

1. Increasing statutory holiday entitlement

 

·        From 1^st April 2009 statutory holiday entitlement increased by 4 days to 5.6 weeks for full-time workers (28 days), pro rata for part-timers, benefiting 6 million people.

 

·        The decision to extend the current statutory holiday entitlement reflects the number of permanent bank and public holidays. There are 8 permanent bank and public holidays in Great Britain.

 

·        This increase builds on the announcement in October 2007, where all workers have had the statutory right to at least 4.8 weeks paid annual leave (that’s 24 days paid holiday if you work five days a week).

 

2. Extending the right to request flexible working

 

·        From 6^th April 2009 the right to request flexible working was extended to parents of children aged 16 or under, benefiting an extra 4.5 million people.

 

·        If you have a child aged 16 or under, you are an employee and you have worked for your employer for 26 weeks continuously before applying, you now have the statutory right to ask for flexible working.

 

·        Under the law your employer must seriously consider any application you make, and only reject it if there are good business reasons for doing so. You have the right to ask for flexible working - not the right to have it.

 

·        Previously, the right to request flexible working applied to employees with disabled children, or children under the age of six, and carers of adults. In 2008 14 million employees worked flexibly within the last 12 months with 91% of requests being granted.

 

 

3. Strengthening enforcement of the National Minimum Wage

 

·        It is the tenth anniversary since the National Minimum Wage was first paid. On this important anniversary Labour built on this achievement by significantly strengthening its enforcement so that everyone gets what they are legally entitled to.

 

·        Rogue employers who underpay staff by not meeting the NMW now face tough new penalties. We introduced a fairer method for dealing with national minimum wage arrears, calculated so that workers do not lose out as a result of underpayment. And employers breaking the law now face automatic penalties with a maximum penalty for non-payment of up to a potentially unlimited fine. The most serious cases of non-compliance will also be tried in a crown court.

 

·        The Employment Act 2008 came in to force on 6^th April 2009 meaning:

 

• Removal of the limit on maximum fines for underpayment of the national minimum wage, currently £5,000.

 

• The most serious cases of non-compliance will be tried at Crown Court, which can impose an effectively unlimited penalty

 

• Introducing a fairer way of dealing with national minimum wage arrears, calculated so workers do not lose out. In the last year alone the Government helped to restore £3.9 million in arrears to over 19,000 workers and has also increased the enforcement budget for the NMW by £2.9 million. This change will make calculating arrears easier.