Employment and Labor Law

Author: Robert W. Kistler

Employee benefit plans are subject to numerous legal requirements, including complicated—sometimes confusing—eligibility requirements. Those requirements are never more confusing, or more important, than during an employee’s medical leave of absence.

Read more: What You Do Not Know About Group Life Insurance Can Cost You: Employer Responsible For $750,000...

After 40 years of steady decline, statistics have confirmed that marriage rates across the UK are back on the rise. It seems appropriate therefore that in the space of a year the Isle of Man has witnessed the coming into force of two major pieces of legislation pivotal to the rights of persons of same sex or opposite sex couples.  The Marriage and Civil Partnership (Amendment) Act 2016 took effect on 19 July 2017, making provision for the marriage of same sex couples as well as the partnerships of opposite sex couples. In an employment context, employees who exercise their right of marriage and civil partnership will be afforded protection pursuant to the Equality Act 2017 (“EqA 2017”), which received Royal Assent on 18 July 2017 and which builds upon and consolidates the existing law in this regard pursuant to section 5 of the Employment (Sex Discrimination) Act 2000.

Read more: Marriage and Civil Partnership Discrimination in Employment: A Summary

According to a UK Government report, 77% of mothers surveyed had a negative or possibly discriminatory experience during pregnancy, maternity leave and/or on return from maternity leave.

11% had felt forced to leave their job. This figure included those that had been dismissed, those made compulsorily redundant and those feeling treated so poorly that they felt they had to leave their job. 

Read more: Pregnancy and Maternity Discrimination in the UK & Isle of Man

Ms Avril Chapman commenced employment with Tassal Group Limited (Tassal) in August 2012.

At 4:46 pm on 25 April 2017, Ms Chapman telephoned Tassal and left the following message:

‘Hi Michelle, it’s Avril one of your most loved pains in the arse. Um it’s ANZAC Day, my birthday, and I admit I have over indulged so I’m taking into account one of the golden rules be fit for work and I’m not going to be fit for work so I won’t be there. But um love ya, catch ya on the flip side.’

Tassal proceeded to stand down Ms Chapman and required that she respond to the following allegation of misconduct: You had deliberately made a decision to consume alcohol to the extent that you would not be fit for work on 26 April 2017 when you were required to attend and be in a fit state to carry out your duties safely.

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Head of the top ranked employment team, Leanne McKeown, together with associates Tara Cubbon and Jessica McManus are the authors of the inaugural IOM chapter in this internationally renowned publication.

The International Comparative Legal Guide series provides current and practical comparative legal information on a range of practice areas.  The guides follow a question and answer format to ensure thorough coverage of each topic within different legal systems worldwide.  The ICLG series provides a practical insight for general counsel, government agencies and private practice lawyers keeping them abreast of law and policy globally.

Read more: DQ's Employment team contribute IOM chapter to ICLG Employment and Labour Law 2017