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Issue 72 (July/August 2002)

Contents

Employment Act 2002
It's a family affair
Tribunal reform
Dispute resolution
Union learning reps et  

Employment Act 2002

The Employment Act 2002 received Royal Assent on 8 July 2002. Broadly its themes are work and parents and procedures: both internal and tribunal. Something of a hotchpotch of issues are therefore covered. It creates completely new rights, tinkers with hallowed principles and time-honoured procedures and is littered with new TLAs (three letter abbreviations) for the jargon junkies.

It contains new rights for Union Learning Reps and the right to request flexible working, the delayed implementation of the Fixed Term Workers' Directive, changes to Employment Tribunal procedure, extensions to existing maternity pay and leave rights and, for the first time, statutory paid paternity leave and adoption leave and pay. Additionally, it introduces the requirement to follow mandatory internal procedures as a precondition of commencing tribunal proceedings.

It is also mixed in the sense of what it seeks to achieve Ð with one hand creating and extending rights, with the other curtailing rights by restricting access to Employment Tribunals and weakening the protection against unfair dismissal. So the Act will be good in parts: much to be welcomed, but some cause for concern. Just how good and how concerning is still largely up for grabs with detail to be decided in regulations, some as yet unpublished, some already in draft for consultation. The first parts to come into force are the fixed term work provisions effective as from 1 October 2002. The rest will be implemented from April 2003.

 

This special expanded edition of Thompsons' Labour and European Law Review is entirely devoted to the Employment Act 2002, explaining, interpreting and analysing its effect and implications.

The introduction of two weeks paid paternity leave: available in respect of both birth and adopted children.
The introduction of paid adoption leave, to mirror broadly the maternity leave provisions.
Implementation of the Fixed Term Work Directive from 1 October 2002 to reduce the use of fixed term contracts and introduce anti-discrimination provisions to cover pay and pensions as well as contractual and treatment issues.
The introduction of a right to request flexible working that must be considered seriously by the employer and refused only on specified grounds.
Changes to maternity leave: Ordinary Maternity Leave (OML) is extended from 18 to 26 weeks with entitlement to maternity pay throughout the period. The qualifying period for Additional Maternity Leave (AML) will be reduced to match SMP meaning all women with 26 weeks service 15 weeks before their baby is due will qualify for both OML and AML. AML will be for 26 weeks.
The creation of Union Learning Reps with rights to paid time off.
The introduction of statutory questionnaires in equal pay claims.
The introduction of statutory dismissal and disciplinary procedures that must be followed by employers.
The introduction of statutory grievance procedures that must be followed by employees, or at least commenced, before tribunal proceedings can be lodged.
Changes to unfair dismissal law so procedural failings will not necessarily count against an employer.
Stronger rights for employees to receive fuller statements of their employment particulars.