What’s new in employment law?
It’s been a busy few months for new and proposed legislation and we have outlined below some key developments.
Protection from Redundancy (Pregnancy and Family Leave) Act 2023
Following research which found that new parents continue to face significant discrimination in the workplace, the Government committed to strengthening protections around pregnancy and family leave. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 expands on the Secretary of State’s powers to make regulations regarding redundancy protection. The Act itself provides limited information on the details of the protections that will be offered; however it is clear that safeguarding new and expectant parents from discrimination in the workplace is at the heart of this new legislation.
Although changes to the law are not expected to come into force before April 2024, it is anticipated that existing priority status (i.e., being offered any suitable alternative employment in a redundancy situation ahead of employees who are not on maternity leave) will be extended to employees who are pregnant, have recently suffered a miscarriage, adoption leave returners, and shared parental leave returners. This does not, currently, extend to paternity leave. It is expected that the regulations will extend the ‘protected period’, which currently starts when an employee becomes pregnant and usually ends when the employee returns to work after any period of maternity leave. Following a consultation in 2019, the Government indicated that protection may be extended for up to 6 months following an employee’s return to work following maternity leave, however the exact nature of any changes will be set out in the new regulations.
Employment Relations (Flexible Working) Act 2023
The Employment Relations (Flexible Working) Act 2023 was given Royal Assent on 20 July 2023, expanding on the existing right to request flexible working in England, Scotland and Wales. Flexible working is a broad term which encompasses a range of accommodations and adjustments related to working hours and location. It is expected that the Act will come into force sometime next year, and will make the following changes:
- Employees will be able to make two flexible working requests in any 12-month period (an increase from one request);
- Requests must be dealt with by employers within two months of receiving the request (provided no extension is agreed) – a reduction from 3 months;
- Employers may not refuse a request until they have consulted with the employee; and
- Employees will no longer have to explain what effect they think agreeing to the request would have on their employer and how any such effect might be dealt with.
Despite indicating that the Act would create ‘Day 1’ employment rights – allowing employees to make flexible working requests from the outset of their employment – this amendment still requires employees to have 26 weeks’ continuous service before they can make a request for flexible working. It remains to be seen whether the Government will introduce ‘Day 1’ rights in this respect through secondary legislation.
Acas is updating its statutory Code of Practice on handling requests for flexible working and UNISON is intending to submit a response to the consultation.
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Private Members’ Bill on Bullying in the Workplace
Historically, it has generally only been possible to bring a case of bullying in the context of another claim, such as discrimination; the legal recourse for employees who face bullying at work is, in this sense, lacking. However, a Bill proposed last month by Labour MP Rachel Maskell could see a serious change in the way bullying in the workplace is treated. Still in its very early stages – it had its first reading on 11 July 2023 – the Bullying and Respect at Work Bill aims to “break the cycle of bullying at work” by providing long-awaited legal protections and a route to justice for workers.
The Bill proposes to introduce several key changes to legislation, including introducing a statutory definition for bullying at work; allowing standalone claims relating to workplace bullying to be heard before an Employment Tribunal; creating a Respect at Work Code, setting out minimum standards for the work environment; and giving powers to the Equalities and Human Rights Commission to investigate workplaces (and take enforcement action) where there is evidence of a culture of bullying.
The second reading of the Bill is set for 24 November 2023 – could we soon see key legislation transform the way we approach bullying in the workplace?