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

NB This is a piece of civil legislation, not employment legislation.

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.