Increased Maternity Rights

New maternity regulations have increased maternity rights.

Maternity leave is split into two periods: ordinary maternity leave (OML, the first 26 weeks) and additional maternity leave (AML, the second 26 weeks). Currently, women on OML are entitled to contractual benefits such as a company car, mobile phone, laptop or gym membership. Women on AML do not receive these contractual benefits.

However, the new regulations provide that, for women whose baby is born on or after 5th October 2008, they will now be entitled to receive contractual benefits throughout the whole 52 weeks.

Rules for adoption leave are also changing — if a baby is due to be placed with a women for adoption on or after 5th October 2008, that woman will also be entitled to receive contractual benefits throughout the 52 week period.

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In addition to extended maternity rights, the Government is now consulting on the extension of flexible working rights to parents with children under the age of 16, rather than the current age of 6.

The consultation also seeks views on ways to reduce red tape in dealing with requests.

Minimum Wage Increase

With immediate effect, the minimum wage has increased to £5.73 per hour. The new rate for 18 - 21 year olds is £4.77 and the new rate for 16 - 17 year olds is £3.53.

A Grievance is a Grievance

An employee's letter setting out a complaint of race discrimination was held to be a grievance under the statutory procedures, even though it expressly stated that it was not a grievance.

This case serves as a warning — if a complaint is in writing then it is a grievance and the grievance procedures must be followed.

Procek v Oakford Farms

Case of the Month

In Kynixa Limited v Hynes , the High Court took a stringent approach to three employees who deliberately misled their employer about their intention to join a competitor. The employees were held to be in breach of duties owed to their employer, including restrictive covenants.

The restrictive covenants were wide-ranging and courts do not normally enforce such wide restrictions — however, in this particular case, they were upheld because of the employees' dishonesty and lack of integrity.

An unusual victory for employers makes this our case of the month!

Age is Nothing but a Number

In McGee v Wescot Credit Services, one of the first Age Harassment cases to come before the Tribunals, the statement in a personal development review that “ambition is not a motivation for Joe (due to age)'' was held to be harassment on the grounds of age against a 62 year old man. The lesson — do not presume that older workers are just coasting towards retirement.

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It has been reported that Selina Scott is set to sue Channel 5 for age discrimination. It is alleged that she was lined up as maternity cover for Natasha Kaplinsky on Five News, but Channel 5 later decided to use newsreaders aged 28 and 32 instead of Ms Scott, who is 57.

Sign up for our Bite Sized Breakfast Employment Law Seminars

Thursday 23rd October, 8.30am - Managing Grievances
Thursday 20th November, 8.30am - Employee Benefits

To reserve a place call Hayley Forster on 0191 226 7878 or Click to Email her.