Employment | DFA Law Northampton Solicitors News
- Redundancy guide for employers
- Recent Changes to Employment Law
- Unfair Dismissal 'No Win No Fee' Service Goes Live
- Redundancy Service for Employers Launched
- Tips and the Minimum Wage
- Ten Point Plan for Health & Safety Compliance
- Age Descrimination - Young Workers
- New Minimum Wage Rates Announced
- Noise at Work
- Manual Handling
- Pregnancy
- Sick Pay or Maternity Pay?
- Restraint of Trade Clauses
- Family Friendly Proposals
Pregnancy
Equal Opportunities Commission
The EOC has produced a report which gives an indication of the nature and extent of discrimination by employers against pregnant workers. The report “Greater Expectations” suggests that up to 30,000 jobs are lost annually as a result of pregnancy. It contains key recommendations for remedying employers’ lack of knowledge of maternity rights.
If you are unsure of your rights as a worker, or obligations as an employer, take advice before acting. Contact info@dfalaw.co.uk for our assistance.
When is disability not disability?
In a recent EAT case, it was decided that disability must be shown as a matter of fact and belief is not sufficient. An employer and employee had both believed that the employee had Type 1 Diabetes – a disability that requires reasonable adjustments to be made at the workplace. In fact the employee had Type 2 Diabetes, which does not. The ruling meant that the employee had no claim against the employer for failing to make reasonable adjustments.
For advice on disability matters in the workplace, contact info@dfalaw.co.uk
Sick Pay or Maternity Pay?
In a recent case which came before the European Court of Justice a public sector employee employed in Ireland had discovered that she was pregnant and was on sick leave due to an illness linked to her pregnancy for almost the entire duration of her pregnancy. Under the employer’s sick leave scheme employees were entitled to full pay for a maximum of six months followed by six months at half pay in any four-year period. The scheme made no distinction between absence for pregnancy-related illness and other illness. The claimant was paid under the scheme. She sued, arguing that pregnancy meant her period of illness should not be set against her sick pay entitlement. The Court ruled that the employer was entitled to treat it as part of the sick pay scheme, but noted that this would only be true if such treatment was not different to a male comparator and did not lead to her being worse off than were she on maternity pay only.
Issues relating to pregnancy and employment require careful consideration – for our advice contact info@dfalaw.co.uk
Restraint of Trade Clauses
The dismissal of an employee when it was discovered that he was planning on setting up in competition and acquiring the employer’s staff and customers led to some staff who were related to the employee being asked to sign a new contract containing a nationwide restriction for twelve months. They refused to sign and were dismissed. The EAT ruled that this was unfair dismissal by reason of the restraint of trade being an unfairly harsh one.
Restraint of trade clauses are difficult to enforce, but if fairly drafted, can protect the employer for a period. For advice as employer or employee, contact info@dfalaw.co.uk
Family Friendly Proposals
The latest round of family friendly proposals in the Works and Families Bill will:
- Extend Statutory Maternity Leave and Maternity Allowance from six to nine months.
- Allow fathers paternity leave and statutory pay if the mother returns to work after six months but before the end of her maternity leave. In effect the father could take three months paternity leave on the state allowance. However, there is an expectation that employers will be under pressure to pay fathers their full salaries as they do for mothers.
- Introduce ‘keeping in touch’ days so a woman on maternity leave can go into work for a few days without losing her right to maternity leave or a week’s statutory pay.
- Extend the notice for return from maternity leave from 28 days to two months.
- Allow employers to make reasonable contact with their employees on maternity leave to help them plan and ease the mother’s return to work.
For guidance on family friendly working practices contact info@dfalaw.co.uk now.
Call us now on Northampton (01604) 609560 for more information
or email us at info@dfalaw.co.uk
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