Employment Rights: 'further enhancements' come into force

Written Statements

From today, written statements containing details of the main terms and conditions of employment have become a ‘day one right’ that need to be issued to all workers. You can find a guide from Manx Industrial Relations Service HERE and also a template written statement that can be used.

Previously employers were required to provide them within the first four weeks.

Time off for partners to attend antenatal appointments

This is the right for employees to take unpaid leave as partners to attend antenatal appointments. “Partners” is defined under the Employment Act 2006 and will include husband, wife, civil partner, person in an enduring family relationship but also a relative of the pregnant woman and the pregnant woman’s birth partner.

There are restrictions around timings, however, meaning partners will be entitled to take leave for two appointments, each up to six-and-a-half-hours and these appointments must be made on the advice of a registered medical practitioner or midwife.

An employer can ask for a signed declaration containing certain information.

Time off to attend adoption appointments

Separate from adoption leave, this right is for employees to attend appointment before a child is placed with that person for adoption.

There are different rights depending on if an employee is adopting in a sole capacity or jointly with a partner.

• Solely: Entitled to paid time off to attend five appointments (each up to six-and-a-half hours)
• Jointly: One partner will be entitled to the paid time off, but the other partner then can only have unpaid time off (two appointments each up to six-and-a-half hours)

In a joint adoption scenario, an employer can ask for documentation showing appointment details but also a signed declaration stating what right the employee is electing to take.

Time off to care for dependants

Employees will now have a right to “reasonable” time off to care for dependants. This is usually in emergency or unexpected situations. Importantly this is a right for the leave, not paid leave, although an employer is free to provide pay during this period under their internal policies if they so wish.

Dependants are defined in the Employment Act 2006 and include a spouse or civil partner, a child or grandchild, a parent or grandparent, or a person who lives in the same household (amongst others in certain circumstances).

Time off can be taken for the following reasons:

• A dependant has fallen ill, or has been injured or assaulted
• A dependant is having a baby
• To make longer term care arrangements for a dependant who is ill or injured
• To deal with the death of a dependant
• To deal with an unexpected disruption or breakdown of care arrangements for a dependant
• If a child is involved in an incident during school time

Importantly, an employee is only afforded this right if they inform their employer as soon as reasonably practicable the reason for their absence and how long they expect to be off.

Whistleblowing

A very technical area, there are key changes being made to what is an already established whistleblowing regime on the Island.

Whistleblowing is a term used when someone makes a ‘protected disclosure’ under the Employment Act 2006.

Amongst the other new changes - a public interest test is being introduced.

This means people cannot make a protected disclosure out of their own interest, or what government classes as ‘narrow issues’ - it must have wider implications and be a matter of public interest.

Employers can also now be liable for actions of detriment to a worker who has blown the whistle that has been carried out by another worker or agent of the employer. An employer’s only defence is that they took all reasonable steps to prevent such detriment.

You can find the full list of changes to whistleblowing rules HERE.

You can listen to the full interview with Kimberley Emery, Industrial Relations Officer with the Manx Industrial Relations Service via Newscast below: