Employment Briefing - April 2007
In the April Employment Briefing we have a number of short notes on current employment issues. Of particular importance are the changes in policies regarding families which came into effect on 1st April. We are always pleased to receive your feedback on our Employment Briefing and our services generally, so please let me have your comments.
You can protect against employment claims with Praesidium Employment Law Protection. Remember, we are here to help.
Martin Stephen
Head of Employment Group
- Family Friendly Employment Policies
- Statutory Grievance Procedure ? when does it apply?
- Statutory Grievance and Disciplinary Procedures No More?
- Teaching assistant claims she was sacked for being a witch
- Conflict at Work
- Sex Discrimination Legislation Requires Revamp
- Annual Leave
- Further Information
Family Friendly Employment Policies
We have previously outlined the changes in family friendly employment policies which took effect on the 1st April 2007. Here is a quick reminder:
Employees are entitled to statutory maternity pay for 39 weeks (instead of 26)
All pregnant employees are entitled to 52 weeks maternity leave
While off work, employers may make ?reasonable contact? with employees
Notice for early or late return to work is extended to 8 weeks
The right to ask to work flexibly has been extended (from 6/4/07) to carers of adults
Statutory maternity, paternity and adoption pay will increase from ?108.85 to ?112.75 per week
* The rate of statutory sick pay will increase from ?70.05 to ?72.55 per week (from 6/4/07)
It is planned that, by 2010, the period during which an employee is entitled to maternity pay will be extended to 52 weeks and up to 26 weeks maternity leave will be transferable to fathers.
Statutory Grievance Procedure ? when does it apply?
Does the statutory grievance procedure apply when dealing with matters other than unfair dismissal, where the basis of the claim is about the dismissal? By this we mean if an employee claims that a dismissal is discriminatory, do they have to lodge a step 1 grievance letter and then wait 28 days before raising an action?
The Employment Appeal Tribunal has now clarified that the grievance procedure does not apply in those circumstances.
Statutory Grievance and Disciplinary Procedures No More?
The DTI has begun a consultation involving the statutory grievance and disciplinary procedures following the Gibbons Review. The review included a recommendation for the abolition of the statutory procedures. We will keep you updated.
Teaching assistant claims she was sacked for being a witch
It has been reported recently that a woman who was sacked from her job as a teaching assistant claims that she was sacked because she is a witch. The employee told an Employment Tribunal that she had been unfairly dismissed from her job after school chiefs raised fears that she would indoctrinate students with her pagan religion.
The tribunal continues and we will keep you updated with the result.
Conflict at Work
ACAS has produced a helpful guide to show employers how to manage conflict in the workplace so that it has a positive rather than a negative impact. It can be found at: www.acas.org.uk
Sex Discrimination Legislation Requires Revamp
In a recent judicial review, the Equal Opportunities Commission has challenged the way in which an EC Directive on sex discrimination has been implemented in UK law.
The judgment, issued on the 12th March, requires the Government to recast the provisions to allow for claims based on the conduct towards another person which has the effect of creating a humiliating or offensive environment towards a woman. This in the view of the Court would provide adequate protection to employees against discrimination by clients or customers of the employer.
It is thought that this decision will not be appealed and so amendments will be required to the definition of harassment in the sex discrimination and other anti-discrimination legislation. We shall keep you updated.
Annual Leave
Remember to check your holiday provisions. By 1st October 2007, all employees must have at least 24 days holiday per year. This is including the 8 bank holidays, but it is worth noting that employees do not have a right to take a holiday on a bank holiday.
Further Information
If you require any further information regarding the issues raised in this briefing, or any other employment law matters, please contact our Employment Team. Enquiries in relation to our Human Resources Services should be directed to Julia MacDonald. Enquires in relation to our Praesidium Employment Protection Scheme should be directed to Geraldine Leonard.
For further information on these or any other employment issues please contact:
Martin Stephen .(JavaScript must be enabled to view this email address), 0141 248 3434
Andrew Wilson .(JavaScript must be enabled to view this email address) or 0131 221 5560
Liam Entwistle .(JavaScript must be enabled to view this email address). 0141 248 3434
Julia MacDonald (Human Resources) .(JavaScript must be enabled to view this email address) 0141 248 3434
Geraldine Leonard (Praesidium) .(JavaScript must be enabled to view this email address) 0141 248 3434 or 07876 330 156
Wright, Johnston & Mackenzie LLP
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as April 2007. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be taken on any individual matter. Authorised and regulated by the Financial Services Authority. Registered office: 302 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
