Back in April, we informed you of the important changes which were introduced to the Sex Discrimination Act 1975, by the Sex Discrimination Act 1975 (Amendment) Regulations 2008, concerning discrimination on grounds of pregnancy or maternity leave, harassment and terms and conditions during maternity leave.
In consequence of those changes, the Maternity And Parental Leave Etc. And Adoption Leave (Amendment) Regulations 2008 ("the Regulations") have recently come into force, amending the Maternity and Parental Leave etc. Regulations 1999 and the Paternity and Adoption Leave Regulations 2002. The Regulations have effect in relation to:
(i) an employee whose expected week of childbirth begins on or after 5th October 2008; and
(ii) an employee whose child is expected to be placed with him/her for adoption on or after that date, or in cases of overseas adoption as defined in the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003, an adopter whose child enters Great Britain on or after the same date.
They have removed the distinction between the rights (and obligations) of employees on ordinary maternity leave ("OML") and those on additional maternity leave ("AML") so that an employee taking AML will, like an employee taking OML, be entitled to the benefit of (and be bound by any obligations arising from) all the terms and conditions of employment which would have applied if she had not been absent (save for remuneration). In addition, rights concerning protection from detriment and unfair dismissal have been aligned for those taking AML with that for employees taking OML.
Similar distinctions between the rights (and obligations) of employees on ordinary adoption leave ("OAL") and additional adoption leave ("AAL") have also been removed.
Employers are advised to review their maternity and adoption policies and update them so as to ensure that these changes are reflected for those employees whose EWC or expected placement date for adoption is on or after 5th October 2008. Treating employees on or returning from AML or AAL differently to those on OML or OAL will be unlawful and could therefore result in claims.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
