THIS will be a tumultuous year for employment law changes, with many radical options suggested already.

But the nature of a coalition Government means there will be a lack of certainty about what will change and when. Certain provisions will come into effect as commented on below, but media reports suggest further proposals are on the horizon.

On January 13, 2011, the Government confirmed it will phase out the default retirement age of 65 from April 6, 2011. The default retirement age will therefore be abolished completely with effect from October 1, 2011.

The Bribery Act 2010 was due to come into force in April, 2011. The Act introduces a new strict liability corporate offence of failing to prevent bribery by individuals acting on behalf of an organisation. The only defence for an employer is where they have “adequate procedures” in place to prevent bribery and corruption.

However, the Government recently announced that this Act is under review and may not come into force as part of the drive to reduce the regulatory burden on businesses.

Some provisions with the Equality Act 2010 did not come into force on October 1, 2010. However, with effect from April, 2011, employers will be allowed “to apply voluntary positive action in recruitment and promotion processes when faced with two or more candidates or equal merit, to address under representation in the workforce”.

It does appear, however, that the draft provisions relating to the socio-economic duty on public authorities, combined discrimination and gender pay reporting will not now come into force as previously expected.

New regulations will apply to parents of babies born on or after April 3, 2011. Eligible employees will have the right to take up to 26 weeks of paternity leave if the mother returns to work early.

The government intends to extend the flexible working rights to allow parents with children under the age of 18 to make a request. The regulations are expected to come into force in April, 2011, although they are still only in draft form currently.

The maximum amount of a week’s pay, used to calculate statutory redundancy pay and the basic award in unfair dismissal claims, will rise from £380 to £400. In addition, the maximum compensatory award will rise from £65,300 to £68,400.

From April 11, 2011, it is expected that the following rates will apply:

l Statutory maternity pay, statutory paternity pay and statutory adoption pay – increase from £124.88 to £128.73. The weekly earnings threshold will rise from £97 to £102

l Statutory sick pay – rates will increase from £79.15 to £81.60 with the earnings threshold rising as above

l Maternity allowance – this will increase from £124.88 to £128.73 with the earnings threshold remaining at £30.

The Government is considering whether to increase the period of qualifying service required for ordinary unfair dismissal claims from one to two years. An announcement is expected shortly on its plans for the reform of tribunal services.

There has been speculation that the Government is considering introducing a fee for tribunal applications and again an announcement is expected on this shortly.

The Government may be considering a reduction to the statutory 28-week sick pay period although no firm announcement has been made yet.