Parental leave goes up from 13 to 18 weeks

From 8 March 2013, an employee’s entitlement to parental leave for a child will increase from 13 weeks to 18 weeks. And an agency worker who is returning from parental leave will have the right to request flexible working: The Parental Leave (EU Directive) Regulations 2013.

Redundancy after maternity leave

In Petch Ltd v English-Stewart [EAT/0213/12], Mrs English-Stewart was employed as a part-time marketing manager. Her job had been carried out by other employees in the marketing department during her maternity leave. Mrs English-Stewart was made redundant after she returned to work from maternity leave. She claimed unfair dismissal and unlawful sex discrimination.

Employment Tribunal

The employment tribunal (ET) upheld the claim because the dismissal was connected with Mrs English-Stewart’s maternity leave. She was the only employee who had been singled out to be made redundant.

Employment Appeal Tribunal

The Employment Appeal Tribunal (EAT) disagreed with the ET. Although the dismissal was connected with the maternity leave - there was a genuine redundancy situation. Hence, the reason for the dismissal was redundancy. And the ET should have asked if the redundancy dismissal was connected to the maternity leave - by looking at whether reg. 20(2)(b) of the Maternity and Parental Leave etc Regulations 1999 had been satisfied.

The regulation states:

(b) it is shown that the circumstances constituting a redundancy applied equally to one or more employees in the same undertaking who held positions similar to that held by the employee (i.e. Mrs English-Stewart) and who have not been dismissed by the employer;     

The EAT remitted the case to the ET to consider whether Mrs English-Stewart's job was similar to the jobs of the other employees in the marketing department.

Comment

The case illustrates that if a genuine redundancy situation arises as a result of an employee's job being absorbed by other staff while the employee is on maternity leave (or long-term sick leave) – it does not automatically mean that the employee’s redundancy dismissal is unfair or discriminatory.

In July 2012, the ACAS published a guide entitled Managing redundancy for pregnant employees or those on maternity leave. The guide is available on the ACAS website.

Statutory payment rates for 2013/14

The statutory payment rates for 2013/14 are as follows.

• The weekly rate of Statutory Sick Pay (SSP) is £86.70.

• The weekly rate of Statutory Maternity Pay (SMP) is 90% of the employee's average weekly earnings for the first six weeks - followed by the lower of 90% of average weekly earnings or £136.78 per week for the remaining weeks of the maternity pay period.
• The weekly rate of Statutory Paternity Pay (SPP) or Statutory Adoption Pay (SAP) is the lower of 90% of the employee's average weekly earnings or £136.78 per week.
• The payment of SSP, SMP, SPP, or SAP is subject to the employee's average earnings being at least £109.00 per week.

Source: Department for Work and Pensions

Tribunal awards will increase from 1 February 2013

From 1 February 2013, tribunal awards will be increased by the Employment Rights (Increase of Limits) Order 2012.

The main increases are:

• The maximum amount of a week’s pay will increase from £430 to £450.
• The maximum compensatory award for unfair dismissal will increase from £72,300 to £74,200.

• The daily limit on a guarantee payment will increase from £23.50 to £24.20.

In September 2012, the Government published a consultation paper about reducing the maximum compensatory award for unfair dismissal. The Government’s response to the consultation paper is expected in Spring 2013.

Court of Appeal clarifies holiday rules for sick workers

In NHS Leeds v Larner [2012] EWCA Civ 1034, the holiday year ran from 1 April to 31 March. Mrs Larner was sick from 5 January 2009 until she was dismissed on 8 April 2010.

The Court of Appeal ruled that Mrs Larner was entitled to be paid for her 2009/10 holidays - although she neither asked to take those holidays during 2009/10 – nor carry forward those holidays to the next holiday year [see para. 96].

The Court of Appeal also said that the facts in the Larner case were different from the facts in the Fraser case, i.e. there was no evidence that Mrs Fraser had been unable to take her holidays [see paras. 46 – 47]. Also see Holidays: use it or lose it.

Legislation for no-smoking signs to be simplified

No-smoking signs in workplaces in England

From 1 October 2012, a person (e.g. an employer) who occupies or manages smoke-free premises must ensure that at least one legible no-smoking sign is displayed on those premises.

The legal requirements for a no-smoking sign under reg. 2 of the Smoke-free (Signs) Regulations 2007 (SSR) will be abolished, e.g. from 1 October 2012, a no-smoking sign will not be required to be at least A5 size.

No-smoking signs in work vehicles

From 1 October 2012, a person who manages a smoke-free vehicle must ensure that at least one legible no-smoking sign is displayed in the vehicle.

The legal requirements for a no-smoking sign under reg. 3 of the SSR 2007 will be abolished, e.g. from 1 October 2012, a no-smoking sign will not be required to display a no-smoking symbol.

Source: The Smoke-free (Signs) Regulations 2012 [SI 2012/1536].

Rehabilitation periods for criminal convictions

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 confirms that the rehabilitation periods for criminal convictions will be reduced: see Spent Convictions.

Sunday Trading (London Olympic Games and Paralympic Games) Act 2012

The Department of Business Innovation & Skills (BIS) has published a guide on the Sunday Trading (London Olympic Games and Paralympic Games) Act 2012. The guide is available on the BIS website.