Key employment law updates

Flexible working consultation 2021

The consultation set out proposals to amend the right to request flexible working to better support employees and look to make flexible working the default from day one of employment. We are still waiting for a date when this will be introduced and will keep you updated.

What does it mean for Employers?

• The government has retained the current list of business reasons for rejecting flexible working requests.
• Flexible working requests will become a day one right through secondary legislation. (currently, it is after 26 weeks)
• Employees will be able to make two flexible working requests a year, where employers respond within two months. (currently, it is one request per year)
• Removing the requirement for employees to set out how their employer may deal with the effects of their request.
   

The new rates for statutory maternity, paternity, adoption, shared parental and sick pay along with the National Minimum Wage and National Living Wage

What does it mean for Employers?

With effect from the 2 April 2023:

Statutory sick pay will rise to £109.40 per week, up from £99.35 per week.

Statutory maternity, paternity, adoption, shared parental and parental bereavement pay will increase to £172.48 per week, up from £156.66 per week.

However, the weekly earnings threshold a worker must meet to become eligible for statutory parental pay or statutory sick pay will remain at £123 per week.

The National Minimum Wage and National Living Wage which will apply from 1 April 2023 will increase to £10.42.

Retained EU Law (Revocation and Reform) Bill rated not fit for purpose by the Regulatory Policy Committee

The Bill seeks to give the government the power to significantly change the current status, operation, and content of Retained EU Law (REUL). Under the bill all retained EU law will be revoked on 31st December 2023 unless steps are taken to incorporate it into UK law.  The Bill will allow the Government to amend, repeal and replace retained EU law more easily.

What does it mean for employers?

It is currently uncertain what this will mean for UK employment law.  However, it has the potential to impact areas such as TUPE, paid annual holidays, the 48-hour working week, part time and fixed term worker regulations.

 
Right to work checks

From 1 October 2022 employers can no longer rely on the temporary concessions which were granted to allow more flexibility due to COVID.  This means employers can no longer carry out right to work checks over video calls and permit workers to send scans or photos of documents. 

What does it mean for employers?
From 1 October employers now have to:

• Perform an in-person manual check using original documents.
• Perform an online check using the Home Office online service.
• Engage the services of a certified Identity Service Provider.

Statutory carer’s leave and neonatal leave

The government has promised to introduce two new types of family-friendly leave – statutory carer’s leave and neonatal leave.

What does it mean for employers?

Key proposals:

To introduce one week’s unpaid leave each year for employees who are carers, for the purpose of caring for a dependant with mental or physical health needs.

To implement neonatal leave and pay to support new parents whose baby requires neonatal care following birth.

 
Redundancy protection

Employees on maternity leave already have the right to be offered any suitable alternative vacancy in a redundancy situation. However, the government intends to extend this protection to cover the period from the employer finding out about the pregnancy to six months after the employee’s maternity leave ends.

What does it mean for employers?

Key proposals:

To ensure that the redundancy protection period, which gives the right to be offered any suitable alternative vacancy in a redundancy situation, applies from the point that the employee informs the employer that she is pregnant (whether this is done orally or in writing).

To extend the redundancy protection period to six months after a new mother has returned to work, with the protection period starting once maternity leave is finished.

To mirror the extension of the redundancy protection period for those taking adoption leave and shared parental leave (but not paternity leave).

 
Suspension

Suspension is often imposed all too easily and in certain circumstances, where it is clearly inappropriate, it can lead to claims for constructive unfair dismissal.  The decision to suspend should never be taken lightly.

What does it mean for employers?

The new guidance emphasises that an employer should consider each situation carefully before suspending an employee and it is usually best to only do so in serious circumstances where there are no alternatives.  The guidance provides examples of such alternatives, by way of example:

• Working from home
• Changing shifts
• Working from a different office or site.

Here is a link to the guidance for you to read the detail: 
https://www.acas.org.uk/suspension-during-an-investigation

If you have any questions about how this may affect your business, please contact me.