More Employment Law Developments - Employment law News Spring 2007

01 April 2007

Family friendly changes

Recent years have seen the implementation of a number of domestic employment measures aimed at enhancing flexibility and the work life balance in the UK economy. Further changes came into force in April 2007 under the Work and Families Act 2006.

The new provisions apply to women whose expected week of childbirth was on or after 1 April 2007 or the actual birth fell on or after this date. The provisions are mirrored for adoption placements on or after 1 April 2007. These changes include extending the period for paid maternity and adoption leave to 39 weeks, previously 26 weeks. The removal of the service qualifying period for additional maternity leave means that all pregnant employees now qualify for 12 months maternity leave, regardless of their length of service. There has also been the introduction of “keeping in touch” days; where both parties agree, those on statutory leave can return to work for up to 10 days during their leave without losing their right to statutory payments. Employers are also now entitled to make “reasonable contact” with employees while they are on statutory leave.

In from April 2007, there is a new right for those who ‘care’ for adults (that is, those over the age of 18) to request flexible working. A ‘carer’ is defined as an employee who cares for someone who is married to, or the partner or civil partner of the employee; is a "near relative" (parents, parent in law, adult child, siblings, uncles, aunts or grandparents and step relatives) of the employee; or falls into neither category, but lives at the same address as the employee.

Further changes are planned for beyond 2007. It is anticipated that by 2010, paid maternity and adoption leave will be extended to 12 months. There will also be the introduction of additional paternity leave for fathers for up to six months enabling them to benefit from leave and statutory pay if the mother returns to work after six months, but before the end of her maternity leave period.

Information and Consultation of Employees Regulations

The regulations, which came into force in April 2005, set out minimum rights for employees to be informed and consulted by their employers from the planning stage in respect of workplace issues; for example the business economic situation, employment prospects, redundancies and and proposed company purchases/sales. Previously, the regulations only applied to businesses with 150 or more employees. This was extended in April 2007 to businesses with 100 or more employees and will be extended again in April 2008 to businesses with 50 or more employees.

For more information please contact Andrew Masters, Partner & Head of Employment.

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