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Prepare the groundwork for a year of changes

SECTION:

Pg. 26

LENGTH:

534 words

This year businesses across the region have had to contend with a raft of new legislation. As 2006 draws to an end, companies are advised to review certain policies and procedures to ensure they are prepared for a changing legal landscape next year.

One major piece of new legislation in 2006 was the Age Discrimination Act. There is almost unlimited potential for an age element to be built into any tribunal claim on the basis of discrimination. This legislation will continue to be a real challenge for employers and they will have to review and implement appropriate policies to avoid potential claims.

Another key challenge for employers is the new maternity rules, which come into force next April. Employees will now be entitled to 52 weeks' maternity leave and statutory maternity pay will be payable for 39 - rather than 36 - weeks. Until April 1 employers will effectively be operating two separate maternity leave provisions so to avoid confusion the provisions need to be clearly set out and understood by all.

For company directors, the recently-announced new Companies Bill will need to be carefully reviewed. The Bill includes changes to the rules governing shareholder actions for a director's breach of duty and a requirement for directors to foster business relationships with employees, suppliers and customers and to consider their impact on the community and environment.

Owners and managers of public premises should also prepare for the smoke-free regulations on July 1 to affect all indoor public places including pubs, restaurants and nightclubs. Those occupying or managing these premises will have to display No Smoking signs and stop others from smoking. Smokers may also be hit with an on-the-spot penalty or court fine.

In the property sector Real Estate Investment Trusts (REIT) will become a reality from January 1. Companies qualifying as a REIT won't pay any corporation tax. Changes to the rules proposed for this new kind of property company should mean it hits the ground running. And if REITs become as popular here as they are in the US they could change personal saving habits and transform the property industry.

In the health sector, the challenges facing NHS foundation trusts are likely to result in more takeovers. In the current fluid state of the market, it seems mergers and acquisitions are a way of dealing with trusts that are perceived as failing or just too small. This raises a host of issues that are not going to go away, such as the position of small specialist trusts and more sophisticated public-private partnerships.

Even lawyers will come under the microscope next year. The Legal Services Bill could dramatically change the legal landscape in England and Wales. The old lawyers-only partnership model could become a thing of the past as entirely new business models are authorised for the first time. Possible changes include non-lawyers on the board, partnerships between barristers and solicitors and even full-blown outside ownership of law firms.

So 2007 will be another period of change for all of us. However, by planning ahead and thoroughly reviewing their policies, businesses should be able to look forward to a happy and prosperous New Year.

LOAD-DATE:

December 14, 2006

LANGUAGE:

ENGLISH

PUBLICATION-TYPE:

Newspaper

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