Further Employment Bill Amendments
As the Employment Rights Bill continues its passage through parliament on its way to become law, more changes have been proposed.
The proposed changes, which are non-governmental changes and are in addition to the changes details in our article last week (click here to read), are:
Statutory leave and protection for victims of domestic abuse – the proposal covers protection from dismissal and the right not to suffer a detrimental as a result of being a victim of or directly affected by domestic abuse.
The reintroduction of statutory discrimination questionnaires – these statutory questionnaires allowed employees to ask questions relating to discrimination but were abolished in 2014
A requirement for large employers to publish their policies on parental leave and pay – based on other obligations on large employers, this would apply to employers with 250 or more employees
The recognition of kinship care – this would cover the situation where a child is being raised by a friend, relative or extended family member rather than a parent
The inclusion of pregnancy loss for the purposes of bereavement – currently bereavement leave is available where there is a stillbirth after 24 weeks. This would extend the leave to stillbirths before 24 weeks.
Pay for carer’s leave and the inclusion of ‘caring’ as a protected characteristic – currently carers can take up to a week’s unpaid leave every 12 months. The suggestion is that this should be paid and also come under protection from discrimination legislation.
A duty on employers to prevent harassment and violence in the workplace – since October 2024 there is already a duty on employers to prevent sexual harassment. If enacted this would extend the duty to preventing gender-based violence, physical and sexual abuse, threats of violence and psychological and emotional abuse.
The establishment of a Working Time Council to consider issues relating to a move to a four-day working week – the purpose of the Council would be to provide advice and make recommendations on how a transition could be made from a five-day working week to a four-day working week with no impact on pay.
It is by no means certain that these changes will make it into the final law but the Government has said it supports the introduction of miscarriage bereavement leave.
The changes already included within the Employment Rights Bill are wide ranging and will have a huge impact on employers. These additional changes will add a further financial burden on employers who are already under significant pressure.