Employment Practice

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

Whilst the majority of employers avoid granting loans to their employees, many will be asked at some time or another to assist employees. The rules regarding the granting of authority, as well as the purposes for which loans will be granted, need to be carefully laid down and controlled. As far as ad hoc loans are concerned, some employers may prefer not to advertise the fact that the Organisation is prepared to assist, fearing this could encourage additional applications. Ideally, this type of loan should be the exception. In addition to ad hoc loans, an increasing number of employers make loans to assist employees with travel costs - e.g. season ticket loans. These would normally be dealt with in a far less investigative manner, although a repayment authority, such as that set out below should be completed in each case. Example of Policy Whilst [the employer] believes that employees can and should manage their personal finances successfully, it recognises that at times short-term fin

Until fairly recently the number of instances in which an employer was liable to pay an employee when he was not working were few - e.g. time off to seek other work and/or be trained when redundant was virtually the only instance for many years. Since then a whole range of rights to both paid and unpaid leave have been introduced. Holidays All employees are entitled to receive 4 weeks paid holiday within their employers holiday year. This statutory holiday must be taken within the holiday year to which it relates and can neither be carried forward, nor be paid in lieu (except where the employees leaves during the holiday year with unused entitlement). Statutory holiday can be offset against paid contractual holiday to which an employee is entitled. Sickness Subject to the production of an acceptable self-certificate for the first seven days (and the production of certificates from a medical practitioner for periods in excess), employers are responsible for paying Statutory Sick Pay for