Changes to parents' rights

Employment law changes will come into force next month

By Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson.​

On April 6 2003 a number of major employment law changes introduced by the Employment Act 2002 will become effective. It is important that all employers make themselves aware of the changes.

What action will you take if one of your staff members with young children asks to change their current hours of work or not to work on a particular day?

Strict procedures must be followed within a fixed timescale and you should familiarise yourself with the legislation. Many employers will be caught out by the new rules which, given their importance, have not been widely publicised.

The changes that may affect you are:

• An increase in statutory maternity leave to 26 weeks paid leave regardless of length of service and (in certain circumstances) a right to a further 26 weeks unpaid leave.
• An employee must notify an employer of their intention to take maternity leave by the end of the 15th week before their baby is due.
• An increase in statutory maternity pay to £100 per week (or 90 per cent of a woman's average weekly earnings if this is less than £100 a week).

These changes are explained in more detail in leaflet NI17A, available from jobcentres and social security offices.

• The introduction of two weeks paid paternity leave for working fathers. This is at the same rate as maternity pay. The right to paid paternity leave also extends to an adopting father.
• The introduction of 26 weeks ordinary adoption leave for "newly matched" adoptive parents following the adoption of a child and (in certain circumstances) an additional 26 weeks additional adoption leave. Statutory adoption pay is paid at the same rate as statutory maternity pay.
• Requests to work flexibly by working parents of children under six or disabled children must be considered by employers. It is important to remember that the right to request to work flexibly does not provide an automatic right to work flexibly.

There will be circumstances where an employer is justifiably unable to accommodate an employee's desired work pattern. The right is designed to facilitate discussions between employees and employers and to help them to find a solution to suit all parties.

• When a written request for flexible working is made by an employee, an employer is required to follow a specific procedure to ensure requests are considered seriously. In particular, an employer must arrange to meet the employee within 28 days of receiving the request to discuss the proposal.
• Within 14 days of the meeting, the employer must write to the employee to agree to the new work pattern or to provide clear business grounds as to why the application cannot be accepted.
• The employer must also set out the appeal procedure. In certain circumstances, an employee can refer the request to be determined by ACAS or by an employment tribunal.

A very useful and comprehensive guide to the employment legislation changes which will be useful for employers and employees, can be found on the Department of Trade and Industry website at www.dti. gov.uk/er/reg.