1.            Introduction

The 6th April 2003 saw many Employment Law changes coming into effect in an attempt to build and reinforce a durable and fair basis for constructive employment relations.

2.         New Maternity Rules

• Ordinary maternity leave – 18 weeks – 26 weeks – childbirth due on or after 6th April 2003.

• Additional maternity leave – an employee with 26 weeks service (at the end of the 15th week before expected week of childbirth)

• Statutory maternity pay – increases to £100 or 90% of average weekly earnings, whichever is lower

• Adoption leave and pay – 26 weeks paid plus an additional 26 weeks unpaid (employee must have qualifying length of service)

• Paternity leave and pay – 2 weeks paid at £100 or 90% whichever is the lower

• Child Tax Credit and Working Tax Credit – replace Working Families Tax Credit and Children’s Tax Credit and Disabled Persons Tax Credit

3.         New Flexible Working Regulations

            Qualifying employees have the right to request to work flexibly and employers have a duty to consider the request seriously.

4.        Working Time (Amendment) Regulations 2002 – implementing the Young Workers Directive. 

            This amends the Working Time Regulations to protect workers aged 16 and 17 from working more than 40 hours per week, - working more than 8 hours in a day and from working between 6 a.m. or 11 p.m. and 11 a.m.

  5.        Increase in the Basic Award/ SRP

1st February 2003 saw an increase in the Tribunal awards.  The maximum compensation for Unfair Dismissal went from £52,600.00 to £53,500.00.  A week’s pay for the purposes of calculating a basic award of statutory redundancy pay increased from £250 to £260.

6.         Equal Pay Questionnaires

            Equal Pay Questionnaires-6th April 2003 encouraging the exchange of information prior to any potential equal pay claim. The hope is that the posing of questions and provision of answers will prevent the need for tribunal proceedings.

7.            Retirement

The Employment Tribunal in Rutherford and Bentley –v- Towns Circle Limited a Secretary of State for Trade and Industry – Claimant.  The UK Statute preventing employees of 65 years and over bringing claims for unfair dismissal and redundancy payments was contrary to European Law.  The Employment Tribunal held the measure was discriminatory between men and women and should therefore be dis-applied.  The decision has been appealed and we are awaiting judgment from the Court of Appeal.

8.            Changes on the Horizon

(a)       1st October 2004- the Disability Discrimination Act 1995 (Amendment) Regulations 2003. Wide sweeping changes including a change to the definition of “discrimination”,

(b)       2003 – (date to be announced) Regulations to introduce new statutory disciplinary and grievance procedures

(c)        1st December 2003- Sexual Orientation Discrimination Regulations – making it unlawful to discriminate on grounds of sexual orientation in employment

(d)       2nd December 2003- Religious Discrimination Legislation due to come into force making it unlawful to discriminate on grounds of religion or belief in employment 

(e)       December 2006-consultation to take place again next year re the particular aims of age regulations, their design and detailed provisions.

(f )       Working Time Regulations to include previously excluded sectors such as non-mobile workers in the transport, fishing and offshore sector.

For further information on any of the issues raised in this article,

contact Justine Sore on 0115 8511640