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Em ployment:

2nd July 1998, Page 32
2nd July 1998
Page 32
Page 33
Page 32, 2nd July 1998 — Em ployment:
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Which of the following most accurately describes the problem?

Tribunals/part-timers

Dispute resolution The Employment Rights (Dispute Resolution) Act 1998* has now been passed and will come into force by Commencement Order. It introduces revisions to tribunal procedures (ELP Vol 2, P22).

These include:

• Renaming industrial tribunals "employment tribunals"; • Allowing the tribunal to determine proceedings without any hearing if both parties consent in writing; • Allowing parties involved in unfair dismissal disputes to opt for independent, binding arbitration by ACAS; • Encouraging employers and employees to use in-house appeals procedures—allowing for a supplementary award to be given if appropriate procedures are not followed. * Copies of the Act are available, priced £4.85, from The Stationery Office.

Fairness at Work

The DTI has published the Fairness at Work White Paper*, which proposes to:

• Reduce the qualifying period for unfair dismissal protection from two years to one year; • Abolish the maximum limit on awards for unfair dismissal (currently £12,000); • Index-link limits on statutory awards and payments (subject to a maximum rate); • Provide for recognition of a trade union when a majority of the relevant workforce votes for it; • Increase workers' rights to claim unfair dismissal if they are sacked for taking part in official industrial action; • Extend maternity leave to 18 weeks to match maternity pay, and reduce the qualifying period for extended maternity absence to one year; • Introduce parental leave.

* Available, priced .E7A5, from The Stationery Office phone, 0171 873 0011; e-mail, http://www.dtigov.uk/TR/fairness/.

For those proposals subject to consultation (specified in the paper), comments should be sent to Ms B Cooper, ER1, DTI, 2.C.43, 1 Victoria Street, London SWIH OET by 31 July1998.

Acquired Rights Directive The European Union has now agreed amendments to the Acquired Rights Directive (which covers the rights of employees upon the transfer of a business). The amendments: • Make it clear that the Acquired Rights Directive should be applied to subcontracting operations; • Specify that the directive applies to transfers from the public to the private sector; • Allow EU states to apply the directive to pension rights; • Clarify consultation requirements; • Empower employee representatives to negotiate to save jobs on the transfer of an insolvent business.

Contact: The DTI; phone, 0171 215 5000.

Part-Time Directive

The Part-Time Work Directive has now been extended to the UK, which has two years to implement it.

The directive gives part-timers the same employment rights as full-time workers, including: • Statutory entitlement to paid holidays and occupational pensions; • Employee benefits (such as staff discounts and bonus schemes); • Training or promotion opportunities. Contact: The DTI on 0171 215 5000.

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