Employment Law
Describe the key legal changes made to unfair dismissal law and procedure made by Part 3 of the Employment Act 2002 and the Employment Act 2002 (Dispute Resolution) Regulations 2004 and their proposed repeal by the Employment Bill currently before Parliament. Critically discuss the concept of the statutory disputes procedures and their operation and evaluate the proposals for their replacement.
Most of the provisions in this Act came into force in April 2003. Failure to adhere to the new legistlation would be a breach of the law.
The following changes are made under the Act:
· Employees on fixed-term contracts must be treated as favourably as permanent workers - this came into effect on 1st October 2002. (See Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.)
· All employers, regardless of size, must operate a minimum standard compulsory disciplinary and grievance procedure. This came into force on 1st October 2004.
· An increase in statutory maternity leave to six months paid leave and a further six months unpaid leave. This came into force on 6th April 2003.
· Introduction of leave for adoptive parents of six months paid leave following the adoption of a child and a further six months unpaid leave. This came into force 6th April 2003.
· Introduction of two weeks paid paternity leave for working fathers. This is at the same rate as maternity pay. This came into force on 6th April 2003.
· Requests by working parents of young or disabled children to work flexibly must be considered by their employers. This came into force on 6th April 2003.
· Reimbursement by the government of maternity, paternity and adoptive payments made by employers. Small employers can reclaim 100% reimbursement.
· Establishment of union learning representatives with a right to paid time off work.
· A questionnaire procedure in Equal Pay cases in...
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