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Employement Law Update

The 6th April 2003 Brings some changes which will effect members

  • Parents of children aged under 6 or under the age of 18 if disabled will have legally enforceable rights to ensure that requests for flexible work arrangements are not rejected without good cause.
  • New adoption leave rights come into effect.
  • Maternity leave for qualifying employees increases to a year which is made up of 26 weeks' paid Ordinary Maternity Leave and 26 weeks' unpaid Additional Maternity Leave.
  • Statutory maternity pay (SMP) increases to £100 per week.
  • New paid paternity leave rights (two weeks) come into effect (pay at the same standard rate as SMP).

Employment Law Bills before Parliament at present.

  • Equality Bill, the Health & Safety at Work (Offences) Bill
  • Income Tax (Earnings and Pensions) Bill
  • National Minimum Wage (Enforcement Notices) Bill
  • Retirement Income Reform Bill
  • Disability Discrimination Bill
  • Sunday Working (Scotland) Bill
  • Railways & Transport Safety Bill
  • These are the Crown Employment (Nationality) Bill

Some of these will have a greater impact on our part time members. Updates will be posted and more information can be obtained from the regional office.

Criminal Records Bureau and vetting of job applicants

The Criminal Records Bureau started on 11th March 2002 and celebrates its first birthday this week. You may recall recent problems with checking teachers backgrounds. Where employers believe that a job applicant may have a position where the health or safety of children and young persons is concerned the system working and people may have their background checked. There may be implications for Firefighters and control staff who are asked to work with children in for example CFS initiatives.

Upper age limits
An appeal has been lodged in the long running case in which the Stratford East employment tribunal held that the 65th birthday upper age limit for claiming unfair dismissal and for the right to claim statutory redundancy pay in British Law is unlawful. The ET said that the age limit has a disparate impact on men and women and amounts to indirect sex discrimination which was not justified by the government. This is due to the fact that there are differences in the opportunities and work life expectancy of men and women which differ.
With organisations like the RFU calling for a ban on upper age limits as a matter of course one wonders how long it is until the entire issue of retirement age for firefighters is looked into. 4 riders all over 60 riding an RFU appliance…modernisation in practice RFU style.

Dress code at work

There has been some legal movement on the wearing of ties at work. Karon Monaghan, who is also tutoring on the Institute of Employment Rights course with the School of Law from Kings college London, recently won a case involving the wearing of ties. The arguments about the whole issue of dress codes and what is fair also came up during the case. A modern Fire Service, attractive to the widest population, needs to include a style of dress which is non military, smart, and which affords proper PPE for all including our female members. At present some seem more intent of keeping shiny buttons and toe caps than affording proper PPE and working rig.


Dean Mills
Regional Secretary


Thank you for taking the time to read this. If you have any queries or want any more information please contact me on:

Mob: 07956 502585

Regional Office: 01494 513034

email:deanmills@hotmail.com

Y...because we're worth it!

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Published by Fire Brigades Union Region 12