EMPLOYMENT LAW

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EMPLOYMENT LAW

• Yasmin Tayob Solicitor
• yasmintayob_at_howlettclarke.co.uk
• DD Tel. [phone]
• www.howlettclarke.co.uk

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Employment Law Update

• SMOKING BAN
• smoking implications for employees and employers
• FAMILY FRIENDLY LAWS
• guidance on the latest developments
• HOLIDAYS
• - increase in statutory allowance

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UK Smoking Ban

• When?
• Scotland - 26th March 2006
• Wales - 2nd April 2007
• Northern Ireland - 30thApril 2007
• England - 1st July 2007
• Where?
• all indoor public places
• - still allowed outdoors and places deemed to be
  homes such as prisons, care homes and hotel
  rooms

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Smoking Ban cont

• Could still be banned at outdoor locations that
  are substantially enclosed e.g. railway platforms
  football grounds. places with ceilings or
  roofs.
• Estimated that 600,000 people will give up
  smoking
• Implications Fines
• Employees 50
• Employers up to 2500 if they do not stop you
• Failure to display No Smoking
• signs - 200
• if case goes to court up to 1000

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Smoking Ban Ireland

• Implemented In Ireland
• 28th March 2004
• Successful in Ireland
• Included Company Cars UK Plans uncertain at the
  present
• Indoor Lock In still adhering to the ban

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Family Friendly Laws Introduction

• Choice for parents, the best start for children
  a ten year strategy for childcare December 2004
• Work and Families Act 2006 (WFA) June 2006

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Main areas of change

• Maternity leave period extended (same for
  adoption leave)
• Maternity Pay
• Flexible Working expansion of its application
• Paternity Leave provisions
• Miscellaneous

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Removal of Qualifying Period for Additional
Maternity Leave

• Babies born on or after 1st April 2007 (adoption
  leave)
• All women entitled to Ordinary Maternity leave
  (AML automatically entitled Additional Maternity
  Leave (AML)
• N.B. distinctions between contractual rights for
  employees on OML and AML remain

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Other Changes

• New Act means employees need to notify employers
  of return to work 8 weeks before (used to be 28
  days)
• Introduction of 10 Keeping in Touch days (KIT)
• - maternity period not brought to an end
• employee entitled to SMP throughout (108.85pw
  or 90 of average weekly earnings)
• work per employment contract

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KIT days other changes cont

• - Remaining leave period not extended by KIT
  days
• Arranged by mutual consent
• No automatic right to demand work to be provided
  or that work be done
• Reasonable contact permitted between employee and
  employer during maternity leave

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Maternity Pay

• Amount increases from 26 weeks to 39 weeks for
  babies due on or after 1st April 2007
• SMP to be extended to 52 weeks at some future
  date
• Payment period to begin on any day of week
• Payments to be rounded up to nearest penny

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Flexible Working

• What is Flexible Working?
• - part-time, flexi-time, job sharing, time off
  in lieu or banked hours, working from home,
  career break
• Since April 2003 right to request flexible
  working applicable to
• employees with children under 6
• employees with disabled children under 18
• From 6th April 2007 right extended to carers
  for an adult where employee
• married to partner/civil partner of that adult
• a relative
• living at the same address

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Flexible Working cont

• Request needs to be made in writing by employee
• Employer must arrange a meeting to discuss
  matters with employee
• Right to be accompanied at the meeting
• Notify employee of decision within 14 days of
  request if rejected, right to appeal

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Paternity Leave Provisions

• Currently
• 2 weeks ordinary paternity leave (OPL) within 8
  weeks of babys birth
• Statutory paternity Pay (SPP) payable (106pw or
  90 average of weekly earnings)

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Paternity Leave cont

• Future proposals
• Introduction of Additional Paternity Leave (APL)
  of up to 26 weeks when maternity pay period
  extended to 52 weeks
• father/spouse/civil partner/ person responsible
  for childs upbringing
• taken at least 20 weeks after childs birth,
  within first year of childs life
• share leave between mother and father
• special provisions where mother dies in
  childbirth or soon after

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Paternity Leave Provisions cont

• Same contractual rights as mother returning from
  OML
• Introduction of 10 Keeping in Touch days (KIT)
  same as with AML
• Entitlement to Additional SPP at same rate as SPP

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Miscellaneous

• Removal of small employer exemption
• from 1st April 2007 dismissal on grounds of
  pregnancy / childbirth / maternity or adoption
  leave automatically unfair
• any employer with 5 or less staff no longer has
  small employer defence that maternity/paternity
  leave is not practical for business
• Increase to statutory holiday entitlement
• 1st October 2007 from 20 to 24 days
• 1st October 2008 from 24 to 28 days
• Future provision to increase a weeks pay

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