Employment Act 2002

Product Information

Paternity leave is when a male counterpart is able to have time off to spend with the child and the mother while receiving paid leave.

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. increases in the standard rate of statutory maternity pay (SMP) and maternity allowance to the lesser of GBP 100 per week or 90% of the employee’s average weekly earnings; A range of improvements to employees’ existing parental leave rights ( UK9912144F) will take effect from April 2003. These include: The Confederation of British Industry (CBI) and the Trades Union Congress (TUC) have both given mixed reactions to the provisions of the Employment Act.Employers must then arrange a meeting within 4 weeks of the request to consider and discuss the request with the employee. Every employer must write to the employee within 2 weeks of that meeting with a decision, giving reasons if the application is objected. The employee can appeal within 2 weeks of the employer’s decision and the appeal must be heard within 2 weeks. 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 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. award costs against a party’s representative for conducting the proceedings unreasonably (though ministers have made it clear that this will not apply in the case of representatives of 'not-for-profit' organisations, eg trade union officers); and

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. Text of the Employment Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Changes over time for: Section 47

In addition to the legislative measures contained in the Act, the government set up an Employment Tribunal System Taskforce to look at ways of making the tribunal system more efficient and cost effective ( UK0111105N). This issued its report in July 2002. Its main recommendations include the establishment of a high-level coordinating body to ensure greater coherence within the employment tribunal system and the promotion of best practice, and a greater emphasis on the prevention of disputes. Ministers have said that they will respond to the Taskforce’s recommendations in the autumn. Workplace dispute resolution The Act introduces a number of changes to employment tribunal procedure. Among other things, it enables the secretary to state to make regulations authorising tribunals to: 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 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.