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Employment Rights

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Employment Act 2006 - What's Happening and When?

The main changes to existing employment law and the dates they took effect are set out below.

Two timetables are available

  1. Employment Act 2006 - Timetable Right by Right. Legislative Changes and Timetable: a detailed comparison of individual employment rights before and after the new Act arranged by subject with implementation dates and a suggested 'to do' list for employers
  2. 'At a Glance' in the table below

Further information is available in the Guides to the new rights. These include:-

If you have any queries please contact emplaw@gov.im or Tel: 01624 682371/2.

At a Glance - Key Implementation Dates

Date Topic What's Happening?Who is affected?
1st May 2007Written Particulars of statement of terms and conditionsChanges to information required in written particulars.There is no need for employers to issue new particulars to existing staff.

However, new employees, employees changing jobs, or employees who have asked for a new written statement have a right to have the new information included in their written statement.

 Unlawful DeductionsThe Employment Tribunal has a new power to award compensation if a deduction from a worker's pay is found to be unlawful.  
1st May – 30th September 2007Fixed-term Contract and Part-time EmployeesDuring this period part-time employees and fixed-term contract employees who previously had more limited statutory employment rights than other employees are brought fully within the employment law framework. Part-time employees working less than 16 hours a week and fixed term contract employees.
    
1st April 2007Maternity and Adoption LeaveFrom this date employees who are eligible to take maternity and adoption leave are protected from detriment or dismissal in respect of exercising the new rights. Employees where the expected week of childbirth (or in the case of adoption leave, placement or matching) is on or after 30th September 2007.
    
30th September 2007Maternity and Paternity LeaveNew leave rights come into force for working parents. Employees where the expected week of childbirth is on or after 30th September 2007.
 Adoption LeaveNew leave rights come into force for working adopters. Employees where the date of placement or matching is on or after 30th September 2007.
 Parental LeaveNew right for parents of disabled children to take unpaid leave to care for the child. Employees who have made a request on or after 30th September 2007.
 Right to Request Flexible WorkingNew right to request flexible working patterns for parents and carers. Employees who have made a request on or after 30th September 2007.
 Paid Annual LeaveNew right to 4 weeks' paid annual leave.All workers, including agency workers and casuals.
 Part-time WorkersPart-time workers gain a new right not to be less favourably treated than comparable full-time workers. Applies to all part-time workers.
 WhistleblowingWorkers who 'blow the whistle' on wrongdoings at work gain legal protection.All workers
 Disciplinary and GrievanceNew Code of Practice gives greater guidance.

New right of accompaniment at disciplinary and grievance hearings.

 
 Pension Scheme TrusteesPaid time off for pension scheme trustees.Employees who are trustees of their employer's occupational pension schemes
 Trade Union Membership etc Inducements by employers to workers not to be trade union members etc. are made unlawful. All workers.
 Unfair Dismissal and DetrimentChanges to the unfair dismissal regime including protection against dismissal and, (in most cases) detriment on various new grounds including:
  • raising health and safety concerns;
  • asserting a statutory right;
  • the employee’s sexual orientation; and
  • the taking of family leave

Also abolition of 1 year qualifying period for protection against dismissal on grounds of racial or religious discrimination

All employees.

Workers are protected from detriment on several grounds.

    
1st December 2007Written ParticularsEmployment Tribunal has new powers to compensate employees who have not been issued with written particulars.  

Updated: 28th September 2007

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