Employment Act 2002

Product Information

The change may be to the hours or time when the employee is required to work, the place of work or any other aspect of the employment terms that are to be set out in Regulations. The formal request must: be in writing; set out the working pattern; specify the date from which it is to become effective; and set out what effect it may have on the employer and how it could be dealt with. Employees are only allowed one request every 12 months. The Act expands the legal requirements on employers to issue employees with a written statement of their main terms and conditions. Among other things, it removes the current 20-employee threshold that applies to the provision of information on disciplinary and grievance procedures. This means that all employers of whatever size will have to provide information on the statutory minimum disciplinary and dismissal procedures in the written statement.

A modified, two-stage dismissal and disciplinary procedure will apply in cases of gross misconduct. Similarly, a modified, two-stage written procedure will apply to grievances on the part of former employees. Detailed provision on the operation of these rights will be set out in regulations. Consultation on draft regulations closed on 19 July 2002.The Act sets out a statutory dismissal and disciplinary procedure and a statutory grievance procedure, each involving three stages. The standard dismissal and disciplinary procedure involves:

Employers may refuse to grant requests for flexible working for objective business reasons. These may be because the working arrangement requested would add unreasonable costs to the business or it might have a detrimental impact on quality, performance or the ability to meet customer demand. Any refusal would need to be objectively justified and properly explained to the employees. Text of the Employment Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Changes to legislation:

an increase in the period of maternity leave to six months’ paid maternity leave followed by up to six months’ unpaid leave; The Employment Act 2002 ( c 22) is a UK Act of Parliament, which made a series of amendments to existing UK labour law. The Employment Act, which reached the UK statute book in July 2002, introduces new provisions concerning 'family-friendly' working, the resolution of individual disputes at the workplace, equal treatment for fixed-term employees and other matters. This feature summarises its main requirements and the timetable for their implementation, and looks at employer and trade union views of the new legislation.