1 October is a key date for your diary with three changes coming into force: new minimum wage rates, increased rights to time off for antenatal appointments and tribunals having new powers to order equal pay audits.

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Key dates for your diary

1 October

• Fathers, partners and surrogate parents get the right to time off for antenatal appointments
• Tribunals have new powers for equal pay audits
• Minimum wage goes up

We look at the changes and implications for your business below.

Keeping up to date with the new legislation

With three big changes coming in at the start of October, what are the new rules and what does it mean for your business?

1. Changes to time off for antenatal appointments

In the past, it was only pregnant women who could take time off for antenatal appointments. Changes to the Children and Families Act extends this to partners, and to both parents in a surrogacy arrangement.

Now husbands and partners of pregnant women (including same sex partners) have a legal right to take unpaid time off work to attend up to two antenatal appointments with the mother. This also applies to both parents in a surrogacy arrangement, if they satisfy the conditions and intend to apply for a Parental Order for the child.

The time off is capped at six and a half hours for each appointment.

Be sure to follow the legislation closely, as the new Act increases the penalties for unreasonable refusal of time off in these cases. You cannot ask for proof of the appointment but you can ask the employee for a declaration stating:

• the date and time of the appointment
• that the employee qualifies for the unpaid time off through their relationship with the mother or child
• that the time off is for the purpose of attending an ante-natal appointment with the expectant mother.

More information can be found in the Government’s employers guide.

2. New powers for equal pay audits

The Enterprise and Regulatory Reform Act 2013 now gives extra powers to tribunals. Under the new legislation, tribunals must order a respondent to conduct an equal pay audit where there has been an equal pay breach in relation to a complaint on or after 1 October.

The order must specify who must be included and what time period the audit should relate to. It will also specify the date when the completed audit must be given to the tribunal. This will be at least three months after the date of the order.

The audit will need to:

• include information about pay
• show any differences between the pay for men and women and the reasons
• say how the company plans to avoid any equal pay breaches.

The tribunal will then determine whether a breach has occurred. If so, the company may be ordered to pay a penalty of up to £5,000.

There are certain circumstances where an audit cannot be ordered. These include where:

• the company is a micro-business or new business (as defined by the legislation)
• the company has completed a similar audit in the previous three years
• it is clear whether or not any action is required to avoid equal pay breaches occurring or continuing
• the employer's breach gives the tribunal no reason to think that there may be other breaches
• the disadvantages of an audit would outweigh its benefits.

More details about the legislation can be found on the Government’s website.

3. Minimum wage rates go up

From 1 October, the new rates are:

Fines are now set at a maximum of £20,000 for every worker denied the minimum wage, so do make sure you’re complying.