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Issue 66 (January 2002)

Contents

Train in vain
Cop out from 'but for' test in victimisation case
Employment Bill
Holiday! It would be so nice
Breaching trust and confidence: latest cases
No avoiding consultation

Employment Bill

Labour's second term of office did not promise major labour law reform. The Employment Bill, expected to be law in the Spring will introduce a mish mash of individual rights, some progressive and some less so. When the Bill has completed its passage through parliament and is set in stone we will report its contents fully. Here is a summary of its main proposals.

Dispute resolution

The bill introduces statutory dismissal and disciplinary procedures (DDPs) and statutory grievance procedures (GP), which will have contractual force. It will be automatically unfair to dismiss an employee where the statutory DDP has not been completed because the employer has failed to comply with the requirements of the DDP. This is welcome.

Much less welcome is a statutory reversal of the Polkey rule. An employee will not be regarded as unfairly dismissed on account of the failure of an employer to follow a procedure outside the scope of the DDPs if the employer can show that the employee would have been dismissed even if the employer had followed the procedure.

Maternity and paternity leave and pay

The Bill proposes to increase parental rights with six months' paid and a further six months' unpaid maternity leave for working mothers, as well as for adoptive parents. It would also introduce two weeks paid paternity leave for working fathers.

The lower rate of statutory maternity pay will increase in 2003 to £100 from its current £62 with reimbursement provisions for employers.

Union learning representatives

Union Learning Representatives will be established with rights to paid time off and the same rights and protections as trade union and health and safety representatives.

Tribunal procedures

The Bill introduces questionnaires in equal pay cases, in line with existing procedures under other anti discrimination legislation. Fixed periods of conciliation in Tribunal cases are likely to be introduced, and a fast track procedure for hearing cases.