The parental leave directive was reached at European level talks between the European TUC and employers' associations and was approved by the Committee of Permanent Representatives in June 1996. The agreement was reached under the Social Agreement procedure of the Maastricht Treaty - "social dialogue" is the Euro-jargon - and implementation is through a Directive under that procedure which gives Governments two years to comply. The Directive does not apply in the UK because the Government has opted out of that part of the Maastricht Treaty.
The Directive provides that any parent, whether by birth or adoption, has a right of unpaid leave of up to 3 months to look after a child up to the age of 8 years. This right is distinct from maternity leave. The right is non-transferrable so each parent has a separate 3 month period which they cannot aggregate or swap.
Considerable discretion is given to EU countries on the details of how they implement the Directive. It is possible for individual countries to decide whether the leave should be full-time or part-time; split up or in one block; whether one year's service is required before exercising the right; what notice an employee has to give ; whether an employer can postpone parental leave; and whether to make special arrangements for small employers.
Employees will be protected against dismissal for requesting or taking parental leave and will be entitled to return to the same, or an equivalent or similar job. Rights acquired at the date parental leave started will be maintained but the status of the employment relationship during the period of parental leave is left to each country.Â
The Directive contains a non-discrimination clause prohibiting discrimination on grounds of sex, race or sexuality. Whilst this Directive does not apply to the UK it represents a useful basis for negotiation, particularly with multi-national employers.
UK employers were party to the negotiations through the european employers' federation and will be conscious that a change of government would mean this Directive would be adopted as part of the Social Agreement legislation.
New legislation
Employment Rights Act 1996
Industrial Tribunals Act 1996
Two new pieces of employment legislation received Royal Assent on 22 May and come into force on 22 August this year. Both are consolidation acts, which mean they bring together existing laws rather than introducing new ones.
The Employment Rights Act will replace the Employment Protection (Consolidation) Act and the Wages Act 1986 and also draws together some provisions from the Employment Acts of the 1980s, the Sunday Trading Act 1994, the Betting, Gaming and Lotteries Act 1963 and the Pensions Act 1995.
Some parts of the Collective Redundancies and Transfer of Undertakings (Protection of Empl-oyment) (Amendment) Regulations 1995 are incorporated, but interestingly the TUPE Regulations themselves have been left separate - fuelling speculation that the Government is leaving itself plenty of room to manoeuvre if the Acquired Rights Directive is changed.
The Industrial Tribunals Act 1996 brings together legislation on Industrial Tribunals, the Employment Appeal Tribunal and social security benefit clawback. This is an interesting move bearing in mind that the operation of Tribunals is under review following the Government's consultative Green Paper.
In addition to these two Acts there is the discrimination and equal pay legislation, soon to be joined by the Disability Discrimination Act, as well as the last piece of consolidating legislation, the Trade Union and Labour Relations (Consolidation) Act 1992. 
The Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996: give Industrial Tribunals the power to award compensation for indirect sex (not race) discrimination in cases heard after 25 March 1996.
What is industrial action?
FBU v Knowles [1996] IRLR 337
The Fire Brigades Union disciplined two members for breaking union policy and enrolling as retained firefighters in addition to their existing full-time duties at another station. The members claimed the policy amounted to "other industrial action" and therefore discupinary action against them was in breach of the law. The EAT - with Thompsons instructed by the FBU - said the disciplinary action was not unlawful because the FBU policy was not industrial action. It was imposed for safety reasons and not to enhance the union's bargaining position at negotiations, nor did it affect the way FBU members performed their existing duties as full-time firefighters.
Although the case related to internal union discipline, it will be of interest in cases brought by employers on the question of whether a union's policy or recommendation to refuse to take on additional non-contractual duties amounts to industrial action.
The purpose behind the policy will be relevant. An appeal will be heard in the Court of Appeal this month.
Bank nurse is an employee
Clark v Oxfordshire Health Authority EAT May 1996
In a case pursued by the RCN the EAT has held that a bank nurse was an employee and therefore entitled to employment protection rights in law.
The Tribunal said employee status will depend on the wording of the contract concerned, but pointed to the contractual documents which referred to "employment" and that factors such as pay, grievance, discipline and trade union membership pointed towards an employment relationship.
EAT blocks attempt to hurdle two year barrier
Focsa Services (UK) Limited v Birkett [IRLR] 1996 325
An attempt to overcome the two year qualifying period for unfair dismissal claimants and the restrictive rules on damages for breach of contract fell foul of the Employment Appeal Tribunal. The employee had worked for the employer for four months when dismissed.
The Industrial Tribunal implied a term into the contract that the employee had a contractual right not to be unfairly dismissed and awarded him compensation on the basis that he would not have been dismissed had a proper disciplinary procedure been followed. The EAT rejected this and said that damages were limited to net pay for the contractual notice period of one week, plus any period for which the employment would have been extended whilst the disciplinary procedure was carried out.