Employment Act 2002

Product Information

A modified, two-stage dismissal and disciplinary procedure will apply in cases of gross misconduct. Similarly, a modified, two-stage written procedure will apply to grievances on the part of former employees. Employers may refuse to grant requests for flexible working for objective business reasons. These may be because the working arrangement requested would add unreasonable costs to the business or it might have a detrimental impact on quality, performance or the ability to meet customer demand. Any refusal would need to be objectively justified and properly explained to the employees. The right will be available to all employees, who are parents or have responsibility for a child aged under 6, or disabled children aged under 18, and who have 26 weeks’ continuous service with the same employer. Draft Regulations state that the right will extend to those who are guardians or foster carers, or their spouse or partner. The request must be within 14 days of the 6th or 18th birthday. The Employment Act, which has only recently been enacted, provides new rights for fathers to take paternity leave and, for couples adopting a child, the right for one of the couple to take adoption leave. The Act also provides for new rules on maternity leave and pay. The Employment Act 2002 ( c 22) is a UK Act of Parliament, which made a series of amendments to existing UK labour law.

fixed-term employees should not be treated less favourably than comparable permanent employees on the grounds they are fixed-term employees, unless this is objectively justified; and Having completed its passage through Parliament, the Employment Bill ( UK0112104N) received royal assent on 8 July 2002. The Employment Act 2002 is a major piece of legislation. Its key themes are the enhancement of statutory rights designed to help parents balance work and family commitments, and the reform of employment tribunal procedures and workplace dispute resolution mechanisms in response to the rising number and cost of employment tribunal claims in recent years ( UK0108142N). It also includes provisions on a range of other issues, including equal treatment for fixed-term employees and time off for trade union learning representatives. The Act, and several sets of associated regulations, will be implemented in a number of phases over the coming year. The Employment Act will also, from April 2003, give employees the right to request flexible working. Although there will be no automatic right to flexible working, the Act states that employers must give proper consideration to this type of request from employees. The Employment Act 2002 contained new rules on maternity, paternity and adoption leave and pay, and changes to the tribunal system in the United Kingdom.The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002. They provide that: The Act makes it an implied term of every employment contract that the statutory procedures are to apply in circumstances to be specified by the secretary of state in regulations. Contractual procedures that are additional to, and not inconsistent with, the statutory procedures will be unaffected. The Act sets out a procedure and timetable which employers must follow in responding to such an application, which will be fleshed out by regulations. The employer must arrange a meeting, within 28 days of receiving an application, to discuss the employee’s request, at which the employee may be accompanied by a representative. The employee must be informed of the employer’s decision within 14 days, and the employee has a further 14 days to appeal. a meeting between the employer and the employee to discuss the matter, at which the employee has the right to be accompanied ( UK0010195F), and after which the employee must be informed of the employer’s decision; and

an increase in the period of maternity leave to six months’ paid maternity leave followed by up to six months’ unpaid leave;

The Government estimates that 3.8 million mothers and fathers will be eligible to make these requests. There is a target consent rate of 82%. The Government have said that if the target is not met, the policy will be considered and a review is promised in any event after 3 years. Employees bringing equal pay claims will have the right to serve a questionnaire on their employers seeking information relevant to their claim or potential claim. This is in line with existing legislation covering sex, race and disability discrimination. Regulations on this issue are due to be laid before the end of 2002 for implementation in early 2003. Employer and trade union views Employees wishing to take maternity leave will need to notify their employer by the 15th week before the expected week of childbirth. All notice periods, e.g. on changes to the start of maternity leave or with the expected return date, will be 28 days.

The Act also provides the basis for amending employment tribunal rules to introduce a fixed period for conciliation by the Advisory, Conciliation and Arbitration Service (ACAS), and to enable a tougher approach to the handling of weak cases.Consultation on draft regulations containing detailed provisions on the operation of the new right closed on 10 October 2002. The regulations are due to take effect from April 2003. Employment tribunal reform