Employment Law

Describe the key legal changes made to unfair dismissal law and procedure made by Part 3 of the Employment Act 2002 and the Employment Act 2002 (Dispute Resolution) Regulations 2004 and their proposed repeal by the Employment Bill currently before Parliament. Critically discuss the concept of the statutory disputes procedures and their operation and evaluate the proposals for their replacement.

Most of the provisions in this Act came into force in April 2003. Failure to adhere to the new legistlation would be a breach of the law.

The following changes are made under the Act:

Ð'* Employees on fixed-term contracts must be treated as favourably as permanent workers - this came into effect on 1st October 2002. (See Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.)

Ð'* All employers, regardless of size, must operate a minimum standard compulsory disciplinary and grievance procedure. This came into force on 1st October 2004.

Ð'* An increase in statutory maternity leave to six months paid leave and a further six months unpaid leave. This came into force on 6th April 2003.

Ð'* Introduction of leave for adoptive parents of six months paid leave following the adoption of a child and a further six months unpaid leave. This came into force 6th April 2003.

Ð'* Introduction of two weeks paid paternity leave for working fathers. This is at the same rate as maternity pay. This came into force on 6th April 2003.

Ð'* Requests by working parents of young or disabled children to work flexibly must be considered by their employers. This came into force on 6th April 2003.

Ð'* Reimbursement by the government of maternity, paternity and adoptive payments made by employers. Small employers can reclaim 100% reimbursement.

Ð'* Establishment of union learning representatives with a right to paid time off work.

Ð'* A questionnaire procedure in Equal Pay cases in employment tribunals. This is intended to provide comparable information to be used in the process of disclosure and will give access to details of other employee's pay rates. This came into force on 6th April 2003.

Changes to Maternity Rights

Ð'* Ordinary Maternity Leave increased from 18 to 26 weeks. Employees with 1 year's continuous employment are entitled to additional Maternity Leave of a further 26 weeks (unpaid).

Ð'* The notice period which an employee must give to be eligible for Statutory Maternity Pay increased from 21 days to 28 days.

Ð'* An employee is also allowed to vary the date of their maternity leave 28 days before the date to be varied or 28 days before the new date, (whichever is the earlier).

Ð'* There is no longer be a requirement on an employee to confirm in writing whether they will be taking Additional Maternity Leave following Ordinary Maternity Leave.

Ð'* An employee's entitlement to SMP is safeguarded, (as long as she complies with the notice provisions) from the 15th week before the Expected Week of Confinement, even if her employment is terminated after this point.

Ð'* An employer can offset SMP payments against any payments due to be made to the Inland Revenue. This could possibly also include advance funding if the amount of SMP to be paid is likely to exceed tax, National Insurance and other sums due to the Inland Revenue. Small employers can reclaim as much as 100%, otherwise 92% is reclaimable.

Changes to Paternity Rights

Ð'*

The new right to paid paternity leave is in addition to the 13 unpaid weeks' parental leave entitlement. The entitlement is two weeks paid leave. The leave is paid at the SMP rate (or 90% of the employees average weekly earnings, if this is less). An employer is entitled to reclaim Paternity Pay from the government.

Ð'* Leave can be taken in a single block of either one week or two weeks. It can be taken after the birth of a child or the placement of a child for adoption. The leave must be taken within 56 days of the expected week of childbirth or the actual birth, (if this is earlier).

Ð'* SPP and Leave are available to employees whether they are the biological