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 - 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 Sarah - Wednesday, May 16th, 2007
Consultation started on Monday this week over the proposal to allow fathers to share the mother’s untaken maternity leave. This was originally in the consultation before the Work and Families Act but was but on hold after it was felt that the proposal was too administrative. Any proposal would not come into effect until 5th April 2009 at the earliest. The proposal as it now stands is that mothers and fathers self certify to the father’s employer that the father is eligible. Employers, employees, parents and anyone else with an interest can have their say on the proposal before 3rd August 2007. Have your say here
Posted in Paternity and Adoption Leave | 3 comments »
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By Philip - Wednesday, May 2nd, 2007
Wheezy asthmatic or fully fit athlete?
Well I thought a post marking the ten year anniversary of Tony Blair becoming Prime Minister is appropriate. In employment law terms his term in office has marked a sea change. 10 years ago employment law was very much a fringe subject for Solicitors. Although there were employment law specialists they were few and far between. Now almost every Solicitors firm recognises the importance of having an employment expertise. For me there are 3 key events that mark Tony Blair’s reign.
Firstly what brought Solicitors into employment law was the increase in maximum award from 12k to 50k in 1997. This raised the stakes considerably for employers. Firing someone became a bigger risk, which needed more careful management.Engaging a Solicitor became more cost effective, either as an employer or an employee, as the risk/reward ratio ratcheted up. When the maximum was 12k , many HR Practitioners conducted an unfair dismissal case themselves, now very few do.Raising the limit perhaps re-dressed the balance between employer and employee. Getting rid of an employee could no longer be done on a whim (and a prayer!).
Secondly agreeing to sign the social chapter paved the way for a slew of family friendly law emanating from Europe that aimed to re-calibrate the work life balance. Most employers have taken these changes on board and we deal with very few cases involving breaches of, say, flexible working. Having a balance between home and work makes good business sense and leads to a happier, productive workforce. That’s the theory and, in our experience, the practice of most employers. It would be fair to say larger employers have found it easier to take these changes in their stride than smaller ones.
The third key event was the introduction of the standard dismissal and grievance procedures. The policy thinking was sound. It is mainly smaller employers who did not follow procedure or got in disputes involving unpaid wages or holiday. The intention of the new procedures was to lay down a minimum standard with the aim of resolving most disputes in house without the need for a Tribunal claim. It is fair to say that the procedures have not been a success. The EAT and Court of Appeal have criticised them. To lapse into cliche, the introduction of the procedures is further evidence that the road to hell is paved with good intentions.The one size fits all nature of the procedures has led to more Tribunals and additional layers of complexity. The outcome has been the opposite of the intention.
It is therefore a mixed employment law record for the government over the last 10 years. Undoubtedly good for employment lawyers, but less good for employers.
Posted in Employment Tribunal Procedure, Miscellaneous, Paternity and Adoption Leave, Statutory Procedures, Unfair Dismissal | No comments »
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By Liam - Friday, March 30th, 2007
Up to 40,000 workers will be expecting their pay today but a banking glitch with the BACS system means that not all payments were sent on time. Employers may receive complaints from employees today saying they have not been paid but the best advice is to tell employees to contact their bank. Read more about it from the BBC
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