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Employment Protection
Newsletter

Issue 06 February, 2000 Prepared by David Jackson, Personnel Adviser

EMPLOYMENT RELATIONS ACT 1999

THE NEW ACT contains 42 new rights for employees, some of which have already come into effect.
The main ones affecting us are:

Parental leave
The Parental Leave Directive applies to a parent, who has 12 months service with the company, of any child born after 15th December 1999. Either parent can take up to 13 weeks unpaid leave of absence per child, to look after the child, for each child aged up to 5, with a maximum of 4 weeks at a time.
Cherie Blair thinks her husband’s Government has been too mean with its implementation, and the Directive should apply to any child under the age of 5 on 15th December, not born after 15th December. She is taking the matter up with the courts on behalf of the TUC. I shall report further.

Disciplinary Provisions
In June 1999, the qualifying period for Unfair Dismissal claims was reduced from 2 years to 1 year’s service. At the

same time, the maximum amount of compensatory award was raised from £12,000 to £50,000, although the amount of a week’s pay for Unfair Dismissal or Redundancy remains at a maximum of £220.

Union Representation.
From Summer 2000, any employee will have the right to be represented by a Trade Union official at a disciplinary hearing under the Company’s disciplinary procedure. The Union does not have to be recognised by the Company for collective bargaining purposes.

Union Recognition
From Summer 2000, employees of any business employing more than 21 people will have the right to ask for their Trade Union to be recognised for collective bargaining on pay and conditions.
To do this, they need to have:
- 10% of the work force (i.e. 3 people) in membership of the Union, in order to demand a ballot of the full work force

- 40% of those voting to vote in favour of Union recognition.

Maternity Leave
For women whose expected week of confinement is after 29th April 2000, maternity leave is increased from 14 to 18 weeks before the birth. The qualifying period of service is reduced from 2 years to 1 year.

Time off for Dependants
From a date in the future, a spouse, a parent, a child or a close dependent will have the right to unpaid time off for care, birth, death or unexpected incident involving a child.

PUWER & LOLER
In the main, my audits have confirmed that we are observing the main provisions of these two pieces of legislation.

I have found one or two non-conformances, which have been rectified immediately, and co-operation at all levels has been good.

 

 

 

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Last modified: June 28, 2000