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DTI consults on annual leave regulations and other employment law reforms 11 July 2006

As part of ongoing work to modernise the Island’s employment law the Department of Trade & Industry has released the first batch of secondary legislation to be made under the Employment Bill 2005.

DTI Minister, Alex Downie, MLC, commented :

“The successful passage of the Employment Bill through the legislative branches will result in the Isle of Man having a modern and coherent framework of individual employment rights. However, whilst the Bill and the extensive consultative process that preceded it determined a number of overarching principles such as the decisions to give workers paid annual leave or that part-time workers should be no less favourably treated than other workers, the fine detail of some of those rights was left to Regulations and other secondary legislation which will require the approval of Tynwald in due course. I am pleased to be able to bring forward the first batch of such secondary legislation for public consultation at this time.”

The Department is inviting comment on the detail of six separate draft instruments, the most important of which are as follows

  • Annual Leave Regulations which, for the first time, will provide almost all workers with a basic legal right to four weeks’ paid leave each year;
  • a new Code of Practice on Disciplinary and Grievance Procedures to replace the existing Code;
  • regulations to prevent part-time workers from being less favourably treated by their employer than other comparable workers;
  • a Public Interest Disclosure Order which will specify persons or bodies to whom workers may ‘blow the whistle’ whilst retaining legal protection.

The DTI is also consulting about the limit of the Compensatory Award in unfair dismissal cases. The present limit, which was set in 2001, stands at £30,000.

Copies of the draft secondary legislation, explanatory documents and details of the consultation on the limit of the compensatory award in unfair dismissal cases can be downloaded from the Employment Rights section of the DTI website at the following page: http://www.gov.im/dti/employmentrights/open.xml

Consultees are requested to submit any views to the Department by the 25th August 2006.

The Employment Bill itself is presently awaiting Royal Assent. A second batch of secondary legislation to be made under the Bill, which is concerned with family rights, will be issued shortly by the Department.

Mr Jonathan Clague, Employment Law Policy Officer, tel. 682371, email Jonathan.Clague@gov.im

Ms Sue Strang, Equality Adviser, tel 682372, email sue.strang@gov.im Department of Trade & Industry

11th July 2006

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