From April 2003 parents and other responsible for the care of children up to the age of 6 (18 if the child is disabled) have the right to request to work flexibly. Recently this was expanded to include carers of adults. It is likely that this will be expanded again to include parents and others of children under 18, and perhaps eventually to all employees. To be able to apply under the flexible working legislation the employee must have 26 weeks’ service.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) ensure that whenever a business is sold to new owner the contracts of employees working for the seller transfer automatically to that new business. They also protect the existing terms and conditions of transferring employees.

Since 1998 workers have been protected by the Working Time Regulations. The EC Working Time Directive and set limits on the amount of time workers can spend at work and specify rest break and holiday entitlements. The sanctions under the regulations are both criminal and civil.

It is surprising how many employees do not have a written contract of employment. Yet it is a statutory requirement to provide employees with a written statement of terms within 2 months of the employment commencing. A written contract also helps to evidence the agreed terms between the employee and employer, which may later be in dispute. It is also important to have up to date policies and procedures, not only do these help to make clear what is expected of employees but also helps to create a professional and competent work place.

Both mothers and fathers of biological and adopted children have rights to take family leave to take care of their children. These rights continue to expand and develop as family friendly policies remain at the top of the political agenda. It is important that employers ensure that their policies and practices are up to date in this constantly changing area of employment law. Likewise employees should ensure that they are fully aware of their rights before during and after they take family leave

The Equal Pay Act 1970 is part of the anti- discrimination legislation and gives men and women the right to the same pay and terms and conditions of employment for doing the same work (like work), work rated equivalent or work of equal value. Pay has a wide meaning and includes benefits.

Employers have a duty not to cause psychiatric damage to their employees by requiring them to undertake too much work and not providing adequate support. If they breach this duty they may be held responsible. It is essential for employers to have adequate policies and procedures in place and fully implemented to ensure that workers are fully supported.

Wrongful dismissal is another name for breach of contract. In other words, where the employer has breached a term of the contract of employment, for example, by not paying notice pay on the termination. If the breach occurs during employment and is sufficiently serious the employee may be entitled to resign, having been constructively dismissed, and claim wrongful dismissal against their employer.

A contract of employment contains both implied and express terms. The express terms are those written down into the contract (or orally agreed), whereas the implied terms are implied by law. It is important that employers are aware of both to ensure that they do not breach these terms. Likewise employees should be aware of their obligations to their employers. Arguably the most important implied term is of mutual trust and confidence. If an employer fundamentally breaches this term it could find that the employee walks out and claims constructive dismissal.