Employment Law – Upcoming Changes
Leave for Parents of Babies in Neo Natal Care
Via a Private Member’s Bill the Government is backing the introduction of neonatal leave and statutory pay for parents of babies in neo natal care.
The duration of, and how the leave is to be taken, is to be confirmed but it would be at least 1 week.
Unpaid Carer’s Leave
The Government confirmed that it is backing a Private Member’s Bill to introduce the following:
- One working week of unpaid carer’s leave per year to be available as a day one right for employees managing caring responsibilities for those with long term care needs.
- Leave will be to be used for providing or making arrangements for the provision of care.
- There will be a minimum notice period of twice the length of time being taken plus one day.
- The person requiring care will be defined by reference to disability or old age with some limited exceptions.
Non Exclusivity Clauses in Contracts of Employment
Legislation came into effect on 5 December 2022 to make exclusivity clauses unenforceable in contracts of employment where the guaranteed weekly income is below or equivalent to the Lower Earnings Limit. The legislation also extended the right not to be unfairly dismissed and the right not to be subjected to a detriment for failing to comply with an exclusivity clause and to claim compensation. In 2015 legislation came into effect to ban exclusivity clauses in zero hours contracts and this is effectively an extension of this.
Predictable Working Patterns for Workers
The Government confirmed in February 2023 that it is backing a Private Member’s Bill to ensure that employees who have a working pattern that lacks certainty (due to the times, hours or if it is a fixed term contract of less than 12 months) the employee may make a formal application to change the working pattern to make it more predictable.
Flexible Working
In September 2021 the Government consulted on flexible working. Its response was published in December 2022 and confirmed that, via a Private Members’ Bill, the following changes would be made to flexible working:
- The right to request flexible working will become a day one right.
- Employees can make 2 requests per year.
- Employers must respond to requests within 2 months.
- Employers must consult with the employee before rejecting a request.
Increased Redundancy Protection for Women and New Parents
In 2017 the Taylor Review of Modern Working Practices made recommendations relating to protections for pregnant women and new parents and the Government consulted on this. The Government has since confirmed that via a Private Members’ Bill the following will be introduced:
- Redundancy protection will apply from the point in time that the employee informs the employer she is pregnant.
- Redundancy protection will be extended to last for 6 months post return from maternity leave/adoption leave.
- Redundancy protection following return from shared parental leave will be extended.
Sexual Harassment
The Government has confirmed that legislative changes to introduce the following would be made as soon as parliamentary times allows:
- Introduction of a duty requiring employers to take “all reasonable steps” to prevent sexual harassment
- Explicit protections from third party harassment will be introduced (e.g. harassment of an employee by a customer). Employers will have a defence if they can evidence that they took “all reasonable steps” to prevent the harassment.
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