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Employment Act 2002

Overview of the Act

4.The main areas covered by the Act are paternity and adoption leave and pay, maternity leave and pay, flexible working, employment tribunal reform and resolving disputes between employers and employees.

5.In many cases the Act amends current legislation. More specifically it amends:

  • The Employment Rights Act 1996 to make provision for statutory rights to paternity and adoption leave and amend the law relating to statutory maternity leave,

  • The Social Security Contribution Benefits Act 1992 to introduce statutory paternity and adoption pay and to amend the law relating to maternity pay and maternity allowance.

  • The Employment Tribunals Act 1996 in relation to costs and expenses, conciliation, powers to delegate the prescription of forms, determination without a hearing, practice directions and pre-hearing reviews,

  • The Employment Rights Act 1996 to make provision in connection with the use of statutory procedures in employment disputes, and to introduce a new provision relating to procedural unfairness in unfair dismissal cases. In addition amendments are made to the Act’s provisions relating to the particulars of employment that employers are required to give to employees, and to provisions relating to dismissal procedures agreements,

  • The Equal Pay Act 1970 to make provision for questionnaires in relation to equal pay issues,

  • The Trade Union and Labour Relations (Consolidation) Act 1992 to make provision for time off for trade union learning representatives in organisations where trades unions are recognised, and

  • The Social Security Administration Act 1992 to make provision for work-focused interviews for partners of benefit claimants and to make provision about the use of information for, or relating to, employment and training.

6.Sections in the Act relating to pay and administration of statutory paternity and adoption pay, fixed term work, and statutory dispute resolution procedures are free standing and do not amend existing legislation.

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