A recent government review “Consultation on Modern Workplaces” has made some radical proposals regarding family friendly legislation.

Theresa May, Home Secretary and Minister for Women commented:

“Britain’s workplace laws are in need of modernisation. We have made great strides in addressing explicit discrimination in the workplace, but disadvantage persists. The solution to these challenges, though, is not more bureaucracy, top-down intervention and politically correct quotas, but policies that go with the grain of human nature and maximise flexibility and choice”

The consultation process has now closed and some of the proposed changes are:-

Holidays

It is proposed that from April 2012 Employees who are unable to take holiday due to ill health, maternity leave or parental leave will be able to carry over 4 weeks annual leave to the next year. Where a worker falls sick during annual leave they would be entitled to reschedule the annual leave at a later date, even into the next holiday year if necessary.

Maternity/Paternity Leave-

Currently women are entitled to 52 weeks maternity leave, 39 of which are paid. Men are entitled to take 2 weeks paternity leave immediately after the birth of their child and under Additional Paternity Leave rules they can share some of the mother’s maternity leave once she has gone back to work.

From April 2015 it is proposed that women be entitled to 18 weeks maternity leave, and that the remaining 34 weeks would be reclassified as “parental leave” which both parents could share either consecutively or concurrently, sharing also the remaining 21 weeks pay entitlement. The leave could be taken in blocks or shorter periods if the employer agrees.

Flexible Working

The review proposes to extend the right to request flexible working to all employees with 26 weeks service, not just those with children under the age of 17.An employer will have a new duty to consider requests “reasonably”.

We will report when the outcome of the consultation is published

Debenhams Ottaway can carry out Audits of all your Employment documentation and procedures to ensure compliance with current laws and best practice. We offer businesses a free review of contracts and policies as part of the Employer Support Service which fully protects your business against the financial exposure of an employment dispute for an agreed monthly fee. Click here for further details.

For further advice and information, please contact Louise Attrup on 01727 735 663 or via email on la@dolegal.co.uk

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