Summary of Current Employment Law Reforms and Legislation Updates

Government Continues to Push Forward with Employment Law Reforms

In the wake of the quiet dropping of the Employment Bill last year, the Government has been actively announcing and supporting a range of employment law reforms. These reforms cover a wide spectrum of issues and are progressing at different rates, making it challenging to keep track of them all.

To help both employers and employees stay informed, this blog provides a summary of the various pieces of legislation and guidance currently under consideration, along with updates on their current status.

### New Employment Legislation

#### Protection from Redundancy (Pregnancy and Family Leave) Act 2023
This Act extends protection from redundancy to pregnant employees and those returning from family leave. It covers pregnant employees from the time they disclose their pregnancy until 18 months after giving birth. The Bill received Royal Assent on 24 May 2023, with secondary legislation expected to be implemented soon.

#### Neonatal Care (Leave and Pay) Act 2023
This Act allows eligible employees with babies in neonatal care to take up to 12 weeks of paid leave in addition to other leave entitlements. It is set to come into force in April 2025.

#### Carer’s Leave Act 2023
This Act allows workers with caring responsibilities to take up to one week of unpaid carer’s leave per year. It is expected to come into force in 2024.

#### Employment (Allocation of Tips) Act 2023
This Act ensures that tips, gratuities, and service charges paid by customers are allocated to workers. It will come into force in 2024.

#### EU Retained Law (Revocation and Reform) Bill
Originally intended to revoke all retained EU laws by the end of 2023, the Government has now revised its position to only revoke laws expressly identified. It also proposed minor employment law reforms related to Working Time Regulations, TUPE, holiday pay, and non-compete clauses.

#### Employment Relations (Flexible Working) Bill
This Bill aims to give employees the right to request flexible working from day one, removing the current 26-week qualifying period. It is currently in the House of Lords.

#### Worker Protection (Amendment of Equality Act 2010) Bill
This Bill aims to reintroduce the duty to protect employees from third-party harassment and impose a positive duty on employers to prevent sexual harassment.

#### Strikes (Minimum Service Levels) Bill
This Bill seeks to maintain minimum service levels during strikes in certain sectors and amend unfair dismissal rights for workers required to work during strikes.

#### Miscarriage Leave Bill
This Bill proposes three days of statutory paid leave for employees who experience miscarriage, ectopic pregnancy, or molar pregnancy before 24 weeks of pregnancy.

#### Fertility Treatment (Employment Rights) Bill
This Bill aims to introduce the right for employees to take paid time off for fertility treatment appointments.

#### Bill of Rights Bill
This Bill aims to repeal the Human Rights Act 1998 and create a new domestic human rights framework.

#### Data Protection and Digital Information (No.2) Bill
This Bill aims to make the EU GDPR more practicable for businesses while maintaining high data protection standards.

#### Workers (Predictable Terms and Conditions) Bill
This Private Members’ Bill gives workers the right to request more predictable terms and conditions of work.

### Employment Consultations and Guidance

#### Statutory Code on Dismissal and Re-engagement
The Government has published a draft Statutory Code on dismissal and re-engagement to guide employers in changing terms and conditions.

#### Review of Whistleblowing
The Government is reviewing the legal regime supporting whistleblowers in the workplace.

#### Consultation on Holiday Entitlement for Part-Year Workers
Following a Supreme Court decision, the Government launched a consultation on pro-rating holiday for part-year workers.

#### Ethnicity Pay Gap Reporting
The Government will not introduce ethnicity pay gap reporting but will provide guidance for voluntary reporting by employers.

#### Reform of Family-Related Leave and Pay System
The Government is yet to respond to a consultation on reforming family-related leave and pay.

#### Single Labour Market Enforcement Body
The Government has committed to introducing a single labor market enforcement body but has not set a timeline.

#### Misuse of NDAs
The Legal Services Board is consulting on the role of lawyers in the misuse of NDAs.

#### Guidance on Non-compete Clauses
The Government intends to limit non-compete clauses to three months and will publish guidance on them.

### What Does This Mean for Employers?

The extensive list of proposed legislation and guidance may require significant policy and procedural changes for employers. However, the uncertainty surrounding the implementation of these changes leaves employers in a state of limbo. It is advisable for employers to stay informed and be prepared to adapt to any new regulations that may come into effect.

This overview provides a snapshot of the current landscape of employment law reforms, but the evolving nature of these reforms necessitates ongoing monitoring and readiness for potential changes. Stay tuned for updates on these developments.