Employment Act 2002 Explanatory Notes

1. Introduction

2. Overview of the Act

3. Commentary on Sections

   1. Part One: Statutory Leave and Pay

      1. Chapter One: Paternity and adoption leave and pay

         1. Paternity leave and Statutory Paternity Pay

            1. Section 1: Paternity leave

            2. Section 2: Statutory Paternity Pay

         2. Adoption leave and Statutory Adoption Pay

            1. Section 3: Adoption leave

            2. Section 4: Statutory Adoption Pay

            3. Section 17: Maternity Leave

            4. Section 18-21 and 48 (see paragraph 142): Maternity Pay

            5. Section 18: Maternity Pay Period

            6. Section 19: Rate of Statutory Maternity Pay

            7. Section 20: Entitlement to Statutory Maternity Pay

            8. Section 21: Funding of employers’ liabilities: Statutory Maternity Pay

   2. Part 2: Tribunal Reform

      1. Costs and expenses

         1. Section 22: Awards of costs or expenses against representatives

         2. Section 22: Payments in respect of  preparation time

         3. Section 23: Costs and expenses in the Employment Appeal Tribunal

      2. Miscellaneous

         1. Conciliation

            1. Section 24: Fixed period of conciliation

            2. Section 25: Power to delegate prescription of forms etc.

            3. Section 26: Determination without a hearing

            4. Section 27: Practice directions

            5. Section 28: Pre-hearing reviews

   3. Part 3: Dispute Resolution Etc.

      1. Statutory Procedures

      2. Employment Particulars

         1. Sections 35-38: Changes to written statements of terms and conditions

   4. Part 4: Miscellaneous and General

      1. Miscellaneous

         1. Section 42: Equal pay questionnaire

         2. Section 43: Union Learning Representatives

         3. Section 44: Dismissal Procedures Agreement

         4. Section 45: Fixed term work

         5. Section 46: Fixed-term work: Northern Ireland

         6. Section 47 and Schedule 7: Flexible working

            1. 80F Statutory right to request contract variation

            2. 80G Employers’ duties in relation to applications under section 80F

            3. 80H Complaints to employment tribunals

            4. 80I Remedies

         7. Section 48: Rate of maternity allowance

         8. Section 49: Work-focused interviews for partners

            1. Section 2AA: Full entitlement to certain benefits conditional on work-focused interview for partner

         9. Section 50: Use of information for, or relating to, employment and training

4. Schedules

5. Financial Effects of the Act

6. Public Service Staffing Effects

7. Summary of Regulatory Impact Assessment

   1. Overview of the impact of the Act

   2. Better dispute management

   3. Removing procedural traps in unfair dismissal cases

   4. Fixed period of conciliation in all Tribunal cases

   5. Wasted costs

   6. Equal Pay questionnaire

   7. Overall effect of dispute resolution procedures

   8. Participation in the labour market and retention, and development of skills

      1. Paternity leave and pay

   9. Adoption leave and pay

   10. Maternity Pay

   11. Duty to consider requests for flexible working from the parents of young children

   12. Putting Union learning representatives (ULR) on a statutory footing

   13. Preventing pay and pensions discrimination against fixed term employees

   14. Impact on small businesses

   15. Summary Table

       1. Quantifiable Benefits

       2. Quantifiable Costs

8. Commencement

9. European Convention on Human Rights

10. Hansard References

11. Glossary