Employment Matters Bite Size August 2009

Legislation

Consultation on passing ‘whistleblowing’ claim forms to relevant regulator launched
Employees are protected against victimisation or dismissal if they make a protected disclosure to their employer or prescribed person (also known as ‘whistleblowing’). 

Last year, employment tribunals received some 1,700 claims involving whistleblowing allegations. The tribunal hears the claim and makes a judgment according to the facts of the claim. However, the tribunal does not take any action in relation to the underlying allegation of wrongdoing on which the claim is based, which could include serious fraud, health and safety issues, and financial irregularities.

The Government therefore proposes to send copies of the claim form, or extracts from it, to the relevant regulator listed in the whistleblowing provisions. Only claims where the claimant has indicated their consent would be passed on to the regulator.  The regulator can then take action against the employer.  It is unclear at this stage what, if anything, happens when the claimant does not give consent. 

Responses are welcomed from employers, employees, trade unions, representative bodies and other interested parties.

Parental leave increase agreed by EU social partners
The European Union have signed a revised Framework Agreement which increases parental leave from three to four months for each parent.

Under the current EC Parental Leave Directive (“the Directive”) employers must give a minimum of three months leave to both parents after the birth of a child. The Directive is implemented in the UK by the Maternity and Parental Leave etc Regulations 1999 which allows parents to take up to 13 weeks unpaid leave for each child before their firth birthday (or eighteenth birthday, if the child is disabled). 
 

The European Commission will now submit a proposal to the Council of Ministers for the Framework Agreement to be implemented by way of an amendment to the Directive. The Council may then adopt the proposal by a qualified majority.

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