Employment law changes likely as Private Members’ Bills progress

Blake Morgan Associate, Madeleine Mould considers the wide range of topics covered by the Bills in an article first published in the Rewards Strategy digital magazine issue 239.

Neonatal Care Leave and Pay

The Bill will introduce a right for employees to take leave where their child (or a child for whom they have parental responsibility) is receiving or has received neonatal care that lasts at least one week. “Neonatal care” is medical or palliative care within 4 weeks of the child’s birth.

This right would apply from day one of employment and leave would be taken in one-week increments. Employees with at least 26 weeks’ service will also receive neonatal care pay.

Carer’s Leave

The Carer’s Leave Bill will introduce a right to one week’s unpaid leave in any rolling 12-month period, to provide or arrange care for a dependant with a long-term care need. It will be a day one right for employees.

Flexible Working

The Bill will allow employees to make two requests in each 12 month period (increased from 1, currently); remove the employee’s obligation to make suggestions about how to mitigate any effects of the requested change; oblige employers to consult with employees before making a decision; and reduce the maximum decision period from three months to two months (unless a longer period is agreed between the parties).

Redundancy Protection

The Pregnancy and Maternity (Redundancy Protection) Bill relates to the extension of protections which currently only apply to employees on maternity leave, when they are placed at risk of redundancy. Protection will be extended to pregnant employees and employees taking maternity, adoption or shared parental leave for a period of 18 months after the  birth or adoption. Employees will have a right of first refusal in relation to any suitable alternative vacancy.

Tips

The Employment (Allocation of Tips) Bill is intended to ensure that all tips, gratuities and service charges paid by customers are allocated fairly to workers. Employers will also be required to have a written policy on how they deal with tips, and keep adequate records for up to three years.

Sexual Harassment

The Worker Protection (Amendment of Equality Act 2010) Bill proposes a statutory duty on employers to proactively take steps to prevent sexual harassment, and to reintroduce employers’ liability for harassment by third parties where it failed to take reasonable steps to prevent the harassment.

Read the article in full here.