HC Deb 04 March 1992 vol 205 cc179-80W
Mrs. Dunwoody

To ask the Secretary of State for Employment if he will list the statutory provisions relating to(a) protection against unfair dismissal, (b) rights for those with family responsibilities and (c) a right to trade union representation.

Mr. Forth

The information is as follows:

  1. (a) Part V of the Employment Protection (Consolidation) Act 1978 provides employees with protection from unfair dismissal, including dismissal on grounds of pregnancy or membership or non-membership of a trade union. They may have additional protection against dismissal under the Sex Discrimination Act 1975 and the Race Relations Act 1976.
  2. (b) The employment protection legislation does not specifically cover family responsibilities as this is an area best left for agreement between companies and their employees to suit individual needs and circumstances. However, women who are pregnant 180 and who satisfy the qualifying conditions are normally protected against unfair dismissal and have the right to return to work after confinement. They also have the right to reasonable paid time off for antenatal care regardless of length of service and hours of work. Employees may have additional rights under the Sex Discrimination Act depending on the circumstances.
  3. (c) There is no statutory right to trade union representation.

Mrs. Dunwoody

To ask the Secretary of State for Employment if he will list the statutory provisions relating to the protection of(a) part-time, (b) temporary, (c) sub-contracted and (d) home workers.

Mr. Forth

All workers—that is, those who work under a contract of employment or service or who have a contract personally to execute any work or labour—are protected against discrimination on grounds of race, sex and being married, regardless of whether they a:re part-time, temporary, sub-contracted or home workers. They are also covered by the provisions of the Equal Pay Act and the Wages Act 1986.

Similarly, all employees—that is, those who work under a contract of employment or service—are protected against discrimination on grounds of trade union membership or non-membership and are entitled to certain payments under the insolvency provisions and to reasonable paid time off for antenatal care.

Employees who are trade union members are also protected against unjustifiable discipline by their trade union and other abuses of union power. Employees who work for at least 16 hours a week are also eligible for the employment protection rights listed in the table, in the same way as full-time employees, provided they satisfy any required qualifying conditions of service. If they work at least eight but fewer than 16 hours a week they can qualify after five years' service.

  • Written statement of main terms and conditions
  • Right to itemised pay statement
  • Right to guarantee payment
  • Medical suspension provisions
  • Time off for carrying out trade union duties and for trade union activities
  • Time off for public duties
  • Time off to look for work or make arrangements for training
  • Right to return to work after confinement
  • Right to notice
  • Right to written statement of reasons for dismissal
  • Right not to be unfairly dismissed
  • Right to redundancy payment