Archive for the ‘Maternity’ Category
By Emma - Thursday, April 3rd, 2008
This case is an useful reminder of the need for employers to conduct risk assessments where they employ women of child bearing age. Paragraph 34 onwards of the decision outlines the process involved in undertaking a risk assessment in relation to a pregnant employee in an office environment - identifying the risks posed by lifting, bending over etc and then assessing steps to mitigate those risks. The case illustrates the practical steps that need to be taken to meet the legal requirements under health and safety law.
What is noteworthy is that under the snappily titled Management of Health and Safety Regulations 1999 there is a requirement on the employer to make a record of the risk assessment but no requirement to give that record to the pregnant employee. An oral notification is sufficient.
Readers are reminded that if an employer fails to undertake such a risk assessment that failure could constitute sex discrimination and be actionable in the employment tribunal
Posted in Health and Safety, Maternity, Sex/Race Discrimination | No comments »
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By Liam - Thursday, January 17th, 2008
Regulation 16 of the Management of Health and Safety at Work Regulations 1999 requires employers employing women of child bearing age to conduct a risk assessment in respect of risks posed to new or expectant mothers.
It is established law that failing to comply with these provisions may amount to sex discrimination.
In Home Farm Trust Ltd v Nnachi the EAT held that a woman who notified her employer on 9 May 2005 that she was pregnant had been discriminated against in circumstances where a risk assessment was not conducted until 22 May 2005 owing to the absence through illness of a member of management.
The EAT commented that “an employer should not wait until an employee is pregnant before making an assessment of the risks by reason of her condition to a new and expectant mother. An employer should have such an assessment in place for each undertaking where the person’s work include women of child bearing age.”
The lessons to be learned from this case are that if you employ women of child bearing age, a risk assessment should be conducted and in place even if no women are actually pregnant. Failing to do so could result in a finding of sex discrimination!
Posted in Maternity, Sex/Race Discrimination | 2 comments »
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By Sarah - Wednesday, October 17th, 2007
The Government set a goal that by the end of this Parliament it would extend SMP from 39 to 52 weeks and give employed fathers the right to take up to 26 weeks paid leave if the mother has returned to work without using her full entitlement.
The goal still remains but the implementation date was undecided. The Government previously said that it would not be implemented in April 2008 and implementation was extended to April 2009. The Government has now said that the changes will not be implemented in April 2009. HMRC in now planning for implementation for babies due on or after April 2010. You can read the HMRC guidance here.
Posted in Maternity, Paternity and Adoption Leave | 1 comment »
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By Liam - Tuesday, June 19th, 2007
Following the changes to Maternity rights in April (see our podcast here, and blog posts here), ACAS have now updated their guidance on the subject. The guidance can be found here.
Posted in Maternity | No comments »
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By Liam - Tuesday, June 12th, 2007
The department for Communities and Local Government, DES, DTI, DWP and the Ministry of Justice have compiled a joint consultation document to invite comments regarding a complete overhaul of the existing equal opportunities/anti discrimination legislation. The consultation paper can be found here and includes instructions as to how to have your say!
The consultation paper was issued today and responses must be submitted by 4 September 2007.
On the subject of promoting equal opportunities, PJH Law offer an e-learning product designed to educate employees as to their responsibilities with regard to equal opportunities with a view to minimising risk to employers and promoting a pleasant and productive working environment for all workers. A free trial of Dignity at Work is now available. Contact Liam - liam@pjhlaw.co.uk or 0870 350 5805 for further details.
Posted in Age Discrimination, Disability Discrimination, Family Friendly, Maternity, Religion or Belief Discrimination, Sex/Race Discrimination | No comments »
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By Liam - Friday, June 8th, 2007
The penultimate episode of this year’s The Apprentice aired on BBC 1 on Wednesday evening. The show took the form of the final 5 candidates being interviewed by, amongst others, Sir Alan. What should one ask the female candidates? I know, lets ask all about their Children. Shall we ask the male candidates about their children or their plans to have children? No.
Employers should be very careful about airing such subjects at interview. One does not have to be an employee to claim Sex Discrimination - candidates for jobs are eligible to claim. Asking only women about children could be argued to be a sign of sex discrimination. If it wasn’t for the fact that both female candidates with children were offered the opportunity to go through to the final, could there have been an argument of Sex Discrimination? Possibly.
Posted in Maternity, Sex/Race Discrimination | No comments »
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By Sarah - Thursday, June 7th, 2007
PJH has just released its latest Podcast dealing with the changes in maternity provisions brought in by the Work and Families Act 2006 and what the future may hold for employers. You can download the Podcast here.
Posted in Maternity, Podcasts | No comments »
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By Liam - Thursday, May 17th, 2007
This Firm has been approached and asked to present a session on the subject of the Work and Families Act 2006 at the Law Society’s head office in Chancery Lane. As this post is written, Sarah is currently in London setting up for the session.
Sarah will shortly be uploading a podcast on this topic, so subscribe to this blog’s RSS feed (by clicking on the RSS feed button below) if you want to know as soon as the podcast has been uploaded!
Posted in Family Friendly, Maternity, PJH Law News, Paternity and Adoption Leave | No comments »
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By Philip - Tuesday, April 10th, 2007
There’s not usually much to read in The Guardian. I see it as a mouthpiece of the Government, given the amount of money it receives for advertising Public Sector Jobs, and therefore not as independent as it should be. It can be hypocritical as well when it riles against Private Equity and fat cats, given that it is owned by in effect private equity and its editor earnt £520k last year. That said this Q and A on the maternity changes is rather good.
Posted in Maternity | 2 comments »
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By Liam - Friday, March 30th, 2007
Working women who are close to their due date will be crossing their legs while the last few hours of the old maternity provisions are in force. Women who give birth after tomorrow are set to benefit from more favourable maternity provisions. Employers everywhere face the first in what is set to be a continued headache with the Government’s family friendly policies. As of tomorrow there are a number of changes to the maternity legilsation as follows:
Employees will be entitled to 39 weeks SMP (9 months)
Employees will no longer have to have 6 months service to qualify for Additional Maternity Leave. Provided they qualify for ordinary maternity leave they will also qualify for additional leave.
If an employee wants to return to work before the end of additional maternity leave then the period of notice required has been extended to 8 weeks to assist the employer with business planning.
A new concept of keeping in touch days has been introduced where the employee can do up to 10 days training or working during maternity leave without ending her leave. Payment is however only by negotiation.
The Government believes the cost to employers of these changes will be minimal - do you have a view share it with us.
More changes are due to be introduced next week for flexible working and rates of statutory payments so read about it here next week.
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