BUSINESS HELPDESK HELP DESK
WHAT’S ON THE EMPLOYMENT LAW HORIZON?
After a relatively quiet period for employment legislation, there’s a flurry of new laws coming into force along, with further proposed changes. Charlie McHugh, Head of Client Insight at Halborns Ltd, which provides the BMF Intelligent Employment Plus Service, explains how this affects contracts of employment.
Paternity leave
1. New legislation Flexible working It was thought New legislation would mean employees could make a flexible working request from day one. This has NOT been introduced - employees will still need 26 weeks’ service before making a request. But there will be the following changes: • Employees can make up to two flexible working requests per year (currently just one); • You must respond to requests within two months (currently you have three months); • You must consult with employees before rejecting any requests (there is no requirement for consultation at present); and • You can’t insist that the employee making the request explains how they would overcome challenges caused by their flexible working request. Flexible working policies will need updating.
Neonatal care leave A new right providing up to 12 weeks’ paid leave for eligible
parents whose new-born baby is admitted to neonatal care. It’ll apply to parents of babies up to 28 days’ old who need to stay in hospital for at least seven days. It’ll apply to both parents in addition to their maternity/ paternity leave entitlement. Consider creating a neonatal care policy to ensure everyone is clear on their rights.
Unpaid carer’s leave A new right providing one week unpaid leave per year to employees who are caring for a dependent with long-term care. Long-term care needs means an illness or injury (lasting at least three months), a disability, or old age.
Update date your carers’ leave policy (or consider introducing one).
Extended redundancy protection
Currently you’re required to offer a vacant, suitable alternative role (where one exists) to an ‘at risk’ employee on maternity leave,
October 2023
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in priority to anyone else. New legislation extends this right to a pregnant woman from the point you are made aware of the em- ployees’ pregnancy and up to six months after they return (where an employee has taken 52 weeks’ leave). Similar protection will also apply to parents using adoption or shared-parental leave. If you have a redundancy policy this will need incorporating. Confirmed implementation dates to be announced. Expect them to be within the next 12-18 months.
2. Proposed changes Restricting non- compete clauses The proposal is to restrict all non- compete clauses in employment contracts to just three months (currently there’s no restriction). It’s unclear whether the three month restriction will apply retrospectively to existing clauses or whether it will only apply to those entered into after the legislation comes into force (still to be announced).
The government announced their intention to amend statutory paternity leave. The proposals mean: • Leave can be taken in either one block of two weeks, or two separate blocks of one week each; • Leave can be taken at any point during the first year of birth/ placement for adoption (currently it needs to be taken during the first eight weeks); and • Individuals can give 28 days’ notice before the dates they intend to take each period of leave (instead of 15 weeks). Notice of entitlement will need to be given 15 weeks before the expected week of birth/placement for adoption.
Requesting predictable T&Cs Aimed at zero-hours workers, a bill proposes a new right to request more predictable terms and conditions (such as when and for how long individuals are required to work). This will allow up to two requests per year and individuals need to have worked for you for at least 26 weeks before making a request. It’s yet to be announced when these proposals will become legislation.
If you need advice on updating your policies to get ahead of the changes contact Halborns for their industry-expert support – they’re the BMF’s only recommended employment law partner.
• Email
info@halborns.com Call 0115 718 0333 Visit
www.halborns.com
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