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What's New?

Recent legislative changes
ChangeImplementation DateFurther Information
Consultation on flexible working 

Amendments to the statutory right to request flexible working in the Employment Act 2006 came into effect on 1 January 2020. The main changes are: 
  1. The previous requirement in section 99 that the purpose of making a flexible working request must be to care for a dependant has been removed.
  2. Section 100 is amended so that instead of the requirement that employers must deal with flexible working applications 'in accordance with regulations made by the Department' there is a requirement that employers must deal with applications 'in a reasonable manner'. 
  3. Section 100 is also amended to insert subsections (1A) to (1D) which cover the decision period for flexible working requests, extension of the decision period, withdrawal of a request and appeals.
  4. Consequently a number of amendments are made to section 101 in relation to complaints to the Tribunal about an application for flexible working. 
Following on from these changes a new set of regulations is required to replace the Flexible Working Regulations 2007. Consequently the Department for Enterprise is consulting on the Flexible Working Regulations 2020 and the deadline for responses is 21 February 2020.
21 February 2020 See the consultation on the Flexible Working Regulations 2020
Equality Act 2017 implementation.

The protected characteristics of age and disability came into operation on 1 January 2020 together with the extension of equal pay rights to cover work of equal value
1 January 2020 See section 10 of Isle of Man Employment Rights: a Guide
Equality Act secondary legislation and guidance.

The following items of secondary legislation, guidance etc. which are connected to the final phase of implementation of the Equality Act 2017 have come into operation:
  1. Equality Act 2017 (Age Exceptions for Pension Schemes) Order 2019

    This Order, which has been made by the Treasury, contains permitted exceptions for occupational pension schemes, employer contributions to personal pension schemes etc. where it is lawful to discriminate on the protected characteristic of age.

  2. Equality Act 2017: Statutory Code of Practice on Employment (2019)

    The Statutory Code of Code, which has been issued by the Cabinet Office, provides authoritative, comprehensive and technical guidance to help individuals and organisations understand the Equality Act and their responsibilities.

  3. Employment and Equality Tribunal (Amendment) Rules 2019

    These Rules, which have been made by the Cabinet Office, amend the Employment and Equality Tribunal Rules 2018 by setting out the procedure for dealing with any work of equal value claims under the Equality Act.

  4. Guidance on matters to be taken into account in determining questions relating to the definition of disability

    This guidance, which has been issued by the Cabinet Office, concerns the definition of disability in the Act and provides information which is helpful in determining whether a person is a disabled person for the purpose of the Equality Act. The guidance gives illustrative examples.

  5. Equality Act 2017 (Disability) Regulations 2020

    Among other things, these Regulations, which have been issued by the Cabinet Office, contain provisions which supplement those in the Equality Act about when a person is or is not disabled for the purposes of the Act.
January 2020
Changes made by the Equality Act 2017 to general employment law.

As well as protecting people in work from being subjected to prohibited conduct to do with a protected characteristic the Equality Act has amended the following Acts:

  1. the Redundancy Payments Act 1990 
  2. the Shops Act 2000
  3. the Minimum Wage Act 2001
  4. the Employment Act 2006
  5. the Control of Employment Act 2014

Some of the amendments are related to the main equality provisions while others are not.

For further information see the accompanying paper 'Amendments to general employment law made by the Equality Act 2017'.
July 2017 to January 2020 Amendments to general employment law made by the Equality Act 2017
Increases to minimum wage rates.                  

The hourly rates effective from 1 October 2019 are as follows: 

Category of Worker
  1. Over compulsory school age but under 18 - £6.15
  2. Aged over 18 (except for Development Workers) - £8.25
  3. Development Worker - £7.30
1 October 2019 Minimum wage
Employment and Equality Tribunal Rules 2018.

On 1st January 2019 the Employment and Equality Tribunal (EET) replaced the existing Employment Tribunal. The new Tribunal will continue to deal with complaints under the Island's employment statutes, such as the Employment Act 2006 and it will also deal with complaints under the Equality Act 2017. Permissible complaints under the Equality Act comprise not only complaints about employment but also complaints about the provision of goods and services, premises, education etc. To this end new Tribunal Rules have been made which came operation on 1 January 2019.

1 January 2019 Employment and Equality Tribunal Rules 2018
New or revised guides
GuidePublication date
Isle of Man Employment Rights: a Guide January 2020
Isle of Man Employment Rights - A Summary January 2020
Maternity Rights - A Guide June 2019
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