Changes to Employment Law Under Consideration
Alan Kitto
April and October are generally the keynote months of the year for changes to employment law. With Brexit and then COVID, we haven’t seen any significant changes to employment law for several years, other than the following that we have reported on previously:
The annual increases to statutory payments (such as statutory sick pay, statutory maternity pay etc.)
The annual increases to employment tribunal compensation limits and the cap on a week’s pay for redundancy and compensation purposes
Additional public holidays for HM the Queen’s Jubilee and Final and HM the King’s Coronation.
The Government is however currently considering a number of Private Members’ Bills that relate to employment law.
The Neonatal Care (Leave and Pay) Bill is backed by the Government and would allow parents whose babies need hospital neonatal care to take 12 weeks’ paid leave in addition to their statutory maternity or paternity leave. The right will:
Be available from day one of employment
Apply to parents whose babies are admitted to hospital up to the age of 28 days
Apply to babies who need to stay in hospital for 7 days continuously or more.
The Employment (Allocation of Tips) Bill is backed by the Government and would make it unlawful for employers to withhold tips from staff members.
The Protection from Redundancy (Pregnancy and Family Leave) Bill is backed by the Government and would start the protection from when an expectant mother, or those adopting a child or taking shared parental leave, notifies their employer of their pregnancy, match for adoption, intention to take shared parental leave and extends for 18 months from the start of that leave. Currently, this protection only applies to employees on maternity leave.
The Carer’s Leave Bill is backed by the Government and would give carers one week’s unpaid leave a year to care for a dependant with a long-term care need that is:
Likely to last more than three months
Is a disability under the Equality Act 2010
Connected to old age.
This will be a day one right for employees
The Employment Relations (Flexible Working) Bill is backed by the Government and would :
Make flexible working requests a day one right for employees (thereby removing the current 26 weeks’ service requirement)
Allow employees to make two requests a year (currently only one request is possible)
Require employees to consult with the employee before rejecting a request
Shorten the time employers have to reply to a request from three to two months
Remove the requirement for employees to set out the likely effects on the business of the change.
The Workers (Predictable Terms and Conditions) Bill is backed by the Government and would give all employees and workers (including agency and zero hours workers) the right to formally request a more stable working pattern. Subject to Parliamentary approval, the new right will be available to those who:
Have worked for the employer for 26 weeks (not necessarily continuously)
Are on work patterns that lack certainty in the hours and time they work
Are on fixed term contracts of fewer than 12 months’ duration.
Workers would be able to make two requests a year. Employers would be able to refuse requests on specific grounds, such as the additional costs involved or a lack of work at the times requested.
We’ll update you with more information on these as and when it becomes available; we may see some or all of these changes effective in October 2023.