We reported in detail on the provisions of the Employment Act 2002 in our extended Issue 72 July/August 2002 issue.
Here we set out the implementation timetable.
Implementation timetable
Part 1 Maternity/Paternity/Adoption leave and pay (sections 1-21) - regulations approved by Parliament. Operational from 6 April 2003.
In July we summarised the then current draft regulations. The final published approved regulations are largely unaltered from the draft. The government has decided that paternity leave and pay will only be available in one block of either one or two consecutive weeks, but may wish to look again at this issue in the light of experience over time. For now however the possibility of two one week blocks of leave has been ruled out.
Provision has been made to enable fathers of premature babies a longer period in which to choose when to take paternity leave from any point between actual date of birth and 56 days following the expected week of childbirth. This is intended to enable them to support the mother at the time they feel will help her most.
The government's proposal to extend notification of intention to take parental leave from 21 to 28 days, in line with notification requirements for other forms of leave has been dropped, following disapproval of the idea during the consultation process. It will remain as at present.
Part 2 Tribunal Reform (sections 22-28) - consultation over the winter and introduction of package of measures planned for 2003.
Part 3 Dispute Resolution (sections 29-41) - consultation over the winter and introduction expected late 2003 (Advisory, Conciliation & Arbitration Service (ACAS) invited to revise code on disciplinary and grievance procedures. Guidance will be provided by collaboration between ACAS, Small Business Service and other advisory groups).
Part 4 Equal Pay Questionnaire (section 42) - regulations to be laid before end 2002. Consultation on the design of the questionnaire form started on 17 October and will end on 10 January 2003. Expected to come into effect in April 2003.
Part 4 Union Learning Representatives (section 43) - Department for Education & Skills (DfES) responsibility. Currently working with ACAS on draft code. Not expected to take effect before 2003.
Part 4 Dismissal Procedures (section 44) - no timing decisions made.
Part 4 Fixed-term work (section 45) - consultation complete. Regulations approved by Parliament. Provisions effective from October 2002. Guidance available.
Part 4 Fixed-term work: Northern Ireland (section 46) - Northern Ireland Legislative Assembly responsible for drafting and implementing regulations.
Part 4 Flexible working (section 47) - consultation exercise closed October 2002. Implementation from April 2003.
Part 4 Rate of Maternity Allowance (section 48) - Department for Work & Pensions (DWP) responsible for drafting. Regulations approved by Parli-ament. Operational from April 2003.
Part 4 Partner work-focused interviews (section 49) - DWP responsible for drafting regulations. No timetable for implementation yet, unlikely to be before April 2004.
The following regulations have now been approved by Parliament:
The Maternity and Parental Leave (Amendment) Regulations 2002
The Paternity and Adoption Leave Regulations 2002
The Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
The Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002
The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002
The Statutory Paternity Pay and Statutory Adoption Pay (Mariners and Persons Abroad) Regulations 2002
Model documents
The following forms and model documents are now available from the DTI website and by post. They are:
SC3 Self-certificate of entitlement to paternity leave and pay in respect of a birth child
SC4 Self-certificate of entitlement to paternity leave and pay in respect of a child placed for adoption
Certificate of notification of matching with a child for adoption
Model letter for employers to acknowledge notification of maternity leave
Implementation of the employment framework and race directives
The government's proposals for implementing the new European equality directives (2000/78/EC and 2000/43/EC) are out for consultation, with a closing date of 24 January 2003. We reported on the requirements set out by the Directives in LELR 71, June 2002.
The draft regulations adopt a minimalist approach to the point of absurdity. The result will be concurrent definitions and regimes for such fundamental matters as the definition of 'race' for race discrimination purposes, the definition of indirect discrimination and the burden of proof. Which set of rules and definitions that will apply will depend on whether the act in question is covered by the European Directives or domestic legislation.
Confused?
So are we
Whether the government will bow to pressure to simplify and upwardly harmonise remains to be seen. For a copy of Thompsons full submission on all the draft regulations and consultation issues contact Head of Equality at the Employment Rights Unit, Congress House, Great Russell Street, London WC1B 3LW.
The implementation timetable can be predicted with greater certainty than the actual contents, which is dictated by the Directives themselves.
The draft Equal Pay Amend-ment Regulations 2003, amending equal value procedure and tribunal time limits in equal pay cases are due for implementation in July and December 2003
The introduction of protection from discrimination on grounds of sexual orientation (The draft Employment Equality (Sexual Orientation) Regulations 2003) is scheduled for implementation on 1 December 2003.
The introduction of protection from discrimination on grounds of religion or belief (The draft Employment Equality (Religion or Belief) Regulations 2003) will come into force on 2 December 2003.
The draft Race Relations (Amendment) Regulations 2003, which provide for post employ-ment victimisation protection and create a statutory definition of harassment are due later in 2003, probably December.
The government is also considering whether separate Sex Discrimination regulations are required to comply with European minimum requirements on harass-ment and post employment victimisation.
Changes to the DDA in the draft Disability Discrimination Act 1995 (Amendment) Regulations 2003 are scheduled for intro-duction on 1st October 2004. These will repeal many of the current exemptions such as for small employers, but fail to extend the definition of disability and do little to tackle the difficulties with the justification provisions. Harassment is defined and post employment victimisation cover-ed.
Age discrimination provisions are required by 2006 and consultation documents are not yet available.
We have a busy time ahead.