1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212 
Maternity pay rights
Page 139
If you've noticed an error in this article please click here to report it so we can fix it.
HE EMPLOYMENT PROTECTION CONSOLIDATION) ACT 1978(1) iy Les Oldridge, Tech Eng (CEI), MIMI, AMIRTE 'ART Ill of the Employment 'rotection (Consolidation) Act 1978 deals with maternity and iection 33 lays down that a voman who is absent from work )ecause of pregnancy is entitled o six weeks -Maternity Payind to return to work after the )regnancy. To be so entitled she nust have been employed with he firm for at least two years mding with the eleven weeks )efore the confinement.
The woman must inform her mployer, in writing if he so 'equests, at least 21 days before ler absence begins (or if that is lot possible as soon as is .easonably practicable) that she Nil be absent from work and that she intends to return to Nork after her confinement. The employer is entitled to receive medical confirmation of the expected date of the confinement.
The maternity pay the expectant mother must be paid equals nine tenths of her pay, less the social security benefits she will receive. Employers who pay the maternity pay can claim the full amount back from the Maternity Pay Fund by application to the appropriate government department (Section 37).
A mother has the right to return to work up to twenty-nine weeks from the date of her confinement by informing her employer at least one week before the date of her return.
Both the employer and the employee may extend the 29 weeks' absence by four weeks.
The employee may postpone her date of return on the pro duction of a medical certificate but she can only do this on the one occasion.
The mother is entitled to her old job back or if this job is not available she must be given another job which is in all respects not less favourable; seniority, pension and other similar rights must be the same as in her old job.
Failure to permit a woman to return to work after her confinement will be treated as if she was dismissed. An employee whose employer has refused to reinstate her can get an order for reinstatement or compensation from an Industrial Tribunal. If her job has become redundant during her absence she will be entitled to redundancy pay. She can also appeal to an Industrial Tribunal if her employer refuses to pay her maternity pay.
The haulier in a small way of business could well find these regulations onerous. The mother to be may be the only employee dealing with his officework. It is extremely important that he impresses on , any staff he engages to help him during the pregnant woman's absence that the appointment is a temporary one otherwise he may have difficulty in terminating her employment when his regular lady returns.
Part 6 of the Act deals with redundancy and the payment of compensation to workers who have been dismissed because of lack of work. It does not matter what has caused the redundancy, it could be that an employer has become insolvent because of unfair competition, excessive taxation or even by high wage awards to his employees; as long as there is not sufficient work for them they are redundant and entitled to the payment.
Only those workers who have completed two years'continuous employment with the firm while between the ages of 18 and 64, for men and 18 and 59 for women, are entitled to this payment. The amount to be paid depends on the employee's age, the length of his continuous service (maximum length of service to be counted is twenty years) and his weekly wage (maximum to be calculated £100 per week).
From the age of 18 years a person made redundant is entitled to half a week's pay for every year of service; between the age of 22 years and 40 years — one week's pay for each year of service and 1 Y2 weeks' pay for every year of service between 41 and 59 years for women and between 41 and 64 for men.
When making a redundancy payment the employer must give the employee a written statement indicating how the amount was calculated. Failure to do this is an offence punishable with a maximum fine of £20. If the employer further fails to comply with a written request from an employee for a statement he becomes liable to a. further fine of £20 or £100 for a subsequent offence_ (Section 102).
An employee who becomes redundant in one job with a company could be offered another job with the same firm. If this offer of alternative work is reasonable (and this is for the employer to prove) the employee could lose his entitlement to redundancy pay if he refuses the offer, If the offer of continued' employment is on different terms and conditions the employee is allowed a trial period of four weeks in which I decide if the job is suitable. Di' putes arising over redundanc payments are heard by an ii dustral tribunal and the tribun will decide whether the work( was unreasonable in ref usin the alternative employment.
Employers are currently ab to claim 41% of the cost redundancy payments from ,t1. Redundancy Fund. Employe contribute to the Fund as part their National Insurance coi tributions.
An employee who, becaut of lack of work, is laid off or ke on short time (less than half week's pay per week) is en/WE to redundancy pay if he hi been laid off or on shot i time f four or more consecutive week or six or more weeks (three them consecutive) in a period thirteen weeks. To obtain th payment he must submit to Iemployer a "notice of intenti( to claim" not later than fo weeks after the period of shc time,
When a business chang hands and the new owner ct ries on the business in the sar way as the original owner c and retains the staff there is question of redundancy. however, the new owner starti new type of business it is the c employer who is responsible 1 the redundancy payments.
An employee who has r received redundancy paymer to which he is entitled mt make a claim in writing to t employer or ask an industr tribunal to settle the dispute. must do this within six rnon1 from the final day of the not or the last day he was at work he does not do this t employer's obligation ceases tribunal may, however, still h( evidence as to the reason action was taken by t employee within the statut( six months and may, on this c occasion only extend the pen by a further six months.