CIRCULAR NO.: 267/99(L&PS)
DATE: 14,December 1999
Division Secretaries - FOR INFORMATION
TO: Association Secretaries - FOR INFORMATION
Dear Colleague
NEW MATERNITY RIGHTS: EMPLOYMENT RELATIONS ACT 1999
The Employment Relations Act 1999 provides
new rights to protection from victimisation for asserting maternity rights. The
new rights, which come into effect from 15 December 1999, are set out in the
attached document of guidance.
The Regulations providing the detail of the
new rights are not yet published in their final form. This circular therefore
gives guidance based on the Regulations as published at present. Should there.
be any relevant changes further guidance will be issued. Regional offices and,
in Wales the NUT Wales Office, NUT Cymru will be able to advise further as to
any member's entitlements under these provisions.
The Employment Relations Act also
establishes new statutory maternity rights which are applicable to women whose
babies are due on or after 30 April 2000. The Union is currently considering
the necessary changes to the Burgundy Book Maternity Scheme and further
guidance will be issued shortly.
The Regulations which contain the full
details of the new maternity rights have still to be published in their final
form.. Further guidance will be Issued once the Regulations are available and
the consequential amendments to the Burgundy Book Scheme have been finalised.
Yours sincerely
DOUG McAVOY STEVE SINNOTT
General Secretary Deputy General Secretary
KAY JENKINS
Assistant Secretary
Legal and Professional Services
NATIONAL UNION OF TEACHERS
HAMILTON HOUSE MABLEDON PLACE LONDON WC1H 9BD
TELEPHONE 020 7388 6191 FAX020 7387 6458
GENERAL SECRETARY DOUG McAVOY DEPUTY GENERAL
SECRETARY STEVE SINNOTT
NEW MATERNITY RIGHTS -
EMPLOYMENT REGULATIONS ACT 1999
PROTECTION FROM DETRIMENT OR DISMISSAL
The new rights to protection, provided under
the Employment Relations Act 1999, apply to dismissal, or detriment suffered,
on grounds that the employee
- is pregnant,
- has recently given birth,
- has been suspended on maternity grounds, or
- has taken or sought to take maternity leave.
Protection from Detriment
The right to protection from detriment
protects women who suffer disadvantage, by the employer's act or omission for
one of these reasons, on or after 15 December.
It provides additional protection to women
seeking to assert maternity rights. At present it is necessary for women in
such a situation to bring a claim under sex discrimination law, showing that
they have been treated less favourably on grounds of sex. The new right avoids
the necessity for such an approach.
An employee who has been subjected to such a
detriment, by act or omission of the employer, can present a claim to an
employment tribunal within 3 months. The remedy is for the employment tribunal
to make a declaration of the legal position of the parties and to award
compensation.
Unfair Dismissal
The right to protection from dismissal for
such a reason clarifies the grounds on which a dismissal may be automatically
unfair. At present it is automatically unfair for an employer to dismiss a
woman for a reason connected with pregnancy. The provision clarifies that
this applies wherever dismissal is on one of the grounds listed above.
Protection is also extended to those taking, or seeking to take, parental
leave.
It applies also where there is a redundancy
situation. If the redundancy situation affects a number of employees, but the
reason for selection is one relating to maternity or childbirth, that dismissal
will be unfair.
In addition, if a woman taking maternity
leave is dismissed for redundancy, the dismissal will be automatically unfair
if she has not been offered any suitable alternative employment which is
available.
Any such claims for unfair dismissal would
have to be presented within 3 months of a dismissal for which the effective
date of termination is on or after 15 December 1999. There is no requirement as
to length of continuous service.
NEW STATUTORY MATERNITY SCHEME
The Act's provisions relating
to entitlement to take maternity leave apply to women whose babies are expected
to be born in a week which begins on or after 30 April 2000, The rights still
apply if the baby is born early, as long as the expected date is on or after 30
April.
The Act simplifies the scheme, changing its
rationale to conform with the Government's family friendly policies and
strengthening women's rights during and after their maternity leave.
One major change is that the length of
continuous service with an employer which is required for eligibility for the
longer period of leave is to be shortened. Women whose babies are born after 30
April 1000 will be able to take up to 29 weeks leave after the birth if they
have one year's service at the qualifying date.
The provisions will
also strengthen women's rights to choose the date at which their leave will
end, by removing the employer's general power to postpone their return.
The Regulations which contain the full
details of the new maternity rights have still to be published in their final
form. Further guidance will be issued once the Regulations are available and
the consequential amendments to the Burgundy Book Scheme have been finalised.
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