Employment Practice

Employees who are called up for active service in the Armed Forces, under the Reserve Forces (Safeguard of Employment) Act 1985, are entitled to resume their employment on their return - effectively their contract continues during their service. Obligations Most employees protected by the law covered by this section are volunteers. However, recently whenever there has been a need to use such volunteers, their participation in active service has been made compulsory by the State so that it is clear that their rights are protected under the above Act. There is no obligation on the employer to pay for the time away from work - the reservist will be paid by the State during that period. On returning from service, a reservist must re-apply to his or her employer in writing by the third Monday after the end of the service, giving a date within the period ending with the sixth Monday after the end of the service for return to their previous job. The reservist must be taken back on terms no le...

Under the Management of Health and Safety at Work (Amendment) Regulations 1994, employers are required in anticipation of a woman of child-bearing age entering their employ to carry out a pregnancy risk assessment. The risk assessment process (which covers those who have recently given birth and are breastfeeding, as well as pregnant women) requires employers: a. to assess all risks to which such employees might be exposed; b. to ensure they are not exposed to those risks; and c. if a risk remains despite preventative and other actions, terms of work (hours, place, etc.), to offer such employees alternative work or grant them paid leave if this is not available. The Equal Opportunities Commission recently noted that in 2001 there were 1,387 maternity related discrimination claims regarding breaches of Health and Safety legislation (96% of the discrimination claims). The average compensation claim paid was £9,871. The HSE identify 5 general risks that there are to pregnant women in the ...

Female employees are entitled to a range of rights before and after giving birth. Close attention to the rules is needed since breach could generate a claim for sex discrimination. Leave and Pay: Evidence A woman must produce form MATB1 to her employer. This form is available from the 20th week before her EWC (Expected Week of Childbirth). A woman wishing to exercise her entitlements must notify her employer in or by the 15th week before her EWC, giving the employer a copy of the MATB1 if the employer requires this. She must also state to her employer when she wishes her maternity leave (and her Maternity Pay - if she is eligible) to commence. She must give 28 days notice of the leave/pay start date. Within a further 28 days her employer must confirm to her, in writing, her rights to: i. pay; ii. preservation of contract; and iii. return (see below). If the baby is born before the expiry of the woman's 28 day notice period the leave (and pay if applicable) commences at the date of ...