The Employment Rights Bill will have a significant impact on employment law in England and Wales, so Amy White from Loch Associates Group is sharing what is means for your business.

This is Part 2 of a three-part series – read Part 1 here.

This is a guest post written by Amy White, Employment Law Solicitor, mediator, trainer and facilitator, who heads up the Training and Wellbeing Division of Loch Associates Group.

Key Changes in the Employment Rights Bill (continued)

5. Flexible Working

In April 2024, the right to request flexible working became a ‘day one’ right and the opportunity to submit a flexible working application in a 12-month period was increased from once to twice. The Bill takes this further, seeking to make flexible working a genuine default. In this regard, employers will only be able to refuse an application for flexible working if it is ‘reasonable’ do to so and will be required to explain, in writing, why they consider their refusal to be ‘reasonable’.   

  • Benefits to Employees: Aside from the personal benefits encountered when employees are afforded greater autonomy over how, when and where they do their work (reduced stress, increased engagement and higher satisfaction), providing flexible working to your workforce can also help narrow the gender pay gap. According to the Fawcett Society, 40% of women who are currently not working believe access to flexible work would mean they could take on more paid work, while 77% of women agreed they would be more likely to apply for a job that advertised flexible working options.
  • Potential Problems: The changes do not create a guaranteed right to flexible working. The eight statutory grounds on which an application can be refused remain unchanged. As such, while Labour is keen to make statutory working the default, options to decline requests for the same remain available.

Action for Employers: Assess the attitude to flexible working throughout your management team to determine whether managers embrace it or approach it with a sense of distrust. If you discover the latter, provide training to increase understanding, both as regards the legalities and the cultural and productivity benefits.   

6. Family Leave Rights & Protections

In addition to the changes to flexible working set out above, in April 2024 the law changed to afford extra protection from redundancy to pregnant employees and those within six months of returning to work following maternity leave.  The Bill takes this further, making it unlawful to dismiss women who are pregnant, on maternity leave or have recently returned from pregnancy/maternity leave (other than in specified circumstances). In addition, the Bill also proposes making paternity and parental leave ‘day one’ rights, scrapping the existing qualifying periods (26 weeks for paternity leave and one year for parental leave).

  • Benefits to Employees: According to research carried out by the Equalities and Human Rights Commission, 54,000 women a year are forced out of their jobs because of pregnancy discrimination. Affording greater protection against dismissal for pregnant women and maternity returners should assist with reducing this figure. In addition, the removal of the qualifying period for paternity and parental leave should provide families with greater flexibility in connection with managing time off for essential childcare.
  • Potential Problems: Removing the qualifying period for paternity and parental leave will mean that a larger cohort of employees are eligible to take these forms of leave. This is something employers will have to get to grips with managing and financing.  

Action for Employers: In due course, employers will need to review their policies to ensure they reflect the new legislation. It would also be sensible to provide training to managers in connection with the protections afforded under the Equality Act 2010 and how to abide by them in decision-making. At present, however, a useful step would be to consider your organisational approach to pregnancy and maternity leave, considering the lived experience and examining steps that would help ease the transition.

7. Further Changes to Anti-Harassment Legislation

As of 26 October 2024, employers were made subject to a new and proactive legal duty to take reasonable steps to protect their workers from sexual harassment.  The Bill suggests extending this duty to require employers to take ‘all’ reasonable steps, a much higher threshold.

  • Benefits for Employees:  In a survey of over 1,000 people, the Equalities and Human Rights Commission found that nearly three quarters had experienced sexual harassment at work, demonstrating the significance of this issue in our workplaces. The new duty should encourage employers to take appropriate steps to protect staff against harassment, as well as providing a mechanism for enforcement action if they don’t.
  • Potential Problems: Extending the duty on employers to take ‘all’ reasonable steps will increase the pressure on them significantly, particularly those in sectors where staff come into regular contact with third parties, such as hospitality, retail and construction.

Action for Employers: As a matter of urgency, carry out a risk assessment to identify potential risks and options for mitigation where sexual harassment is concerned, provide meaningful training to your staff and managers to ensure they appreciate what sexual harassment is and their role in preventing it and review all your policies and procedures to ensure they reflect and support the new preventative duty.

This is the second in a series of three blogs on The Employment Rights by, written by Amy White of Loch Associates Group. Part 3 will look at how you can prepare for these changes.

https://www.watchthisspace.uk/the-employment-rights-bill-preparing-for-the-changes/

Amy White is an Employment Law Solicitor, mediator and experienced trainer and facilitator, who heads up the Training and Wellbeing Division of Loch Associates Group. Amy uses her experience, expertise and passion for people management to design and deliver interactive and engaging training interventions on a range of people management topics including management and leadership development, workplace wellbeing and employment law and HR best practice. You can contact Amy at amy.white@lochassociates.co.uk.