Employment Act 2002

The Employment Act 2002 contains a wide ranging package of employment legislation. The following areas are of particular relevance:

Paternity, Adoption and Maternity

  • All employees are entitled to take 26 weeks ordinary maternity leave. 
  • Employees who adopt a child are broadly entitled to the same benefits as those who are entitled to maternity leave.
  • Working parents, usually the father, and adoptive parents are also entitled to paid paternity leave.

Flexible Working

The Act places a duty on employers to give serious consideration to requests of parents with young children under 6 years old, or disabled children under 18, to work flexible hours. Employers can only refuse a request for flexible hours where there is a clear business reason for doing so.

Civil Partnerships Act 2004

The Civil Partnerships Act gives same-sex couples who register as civil partners similar rights and responsibilities to married couples. Any employment benefits provided for the spouse of a married employee must therefore be extended to civil partners, for example Christmas parties for employees and spouses and staff discounts.

Protection from Harassment 1997

This act means that harassment victims are entitled to bring a claim against the employer under the relevant employment legislation as well as against a particular employee. 

Whether the action was intended to cause offence or not does not matter – if the victim finds the behaviour unacceptable and he or she feels damaged or harmed by it, this constitutes potential harassment.