
It is often said that change is the only certainty in employment law and over the past year, we have seen a number of amendments to legislation designed to better protect the rights of workers.
In April, we saw the introduction of changes to flexible working rules and the process through which employees can request more flexible patterns of work. We have also seen increased protection against redundancy for pregnant employees as well as enhanced rights around taking carers leave. We hosted a webinar on these changes and if you missed it you can catch up here.
Following Labour’s election win back in July and as announced in the King’s Speech, we will also see a range of sweeping changes to workers rights as they implement their ‘New Deal for Working People’.
Notably, this includes the introduction of basic rights (parental leave, sick pay and unfair dismissal rights) from day one of employment, the banning of zero hours contracts and an end to ‘fire and rehire’ practices. It will likely be 6-12 months at least before we see any of these changes implemented by Royal Assent but they should definitely be on the radar of every employer.
In particular, the day one right to unfair dismissal will raise concerns for many employers that despite having grounds to dismiss an employee, they will see increased attempts to litigate on matters which will result in increased time and costs. It is therefore ever more important to seek HR and legal advice on matters and consider best protection through insurance that may protect you in the event of a claim.
In the interim however, there are changes that have already achieved Royal Assent that will come into force from this Autumn. Here we look at two pieces of legislation that should be on your radar:
The right to request more predictable working patterns
The Workers (Predictable Terms and Conditions) Act 2023)
This piece of legislation comes into effect in September 2024 and essentially allows workers under atypical contracts to seek more predictable terms and conditions of work. This includes fixed-term workers, agency workers, and those engaged under zero-hour contracts.
Designed to end the guessing game many workers go through about when they might work and for how long, the changes will allow workers to make a formal application to change their working pattern. Once this request has been made, an employer will be required to then notify them of their decision within a one-month timeframe. Requests can be denied if they meet a list of specific criteria, however if accepted, then the onus is on the employer to provide a new and amended contract of employment.
Better protection for workers from sexual harassment
Worker Protection (Amendment of Equality Act 2010) Act 2023
From October 2024, employers will need to comply with a new duty to take ‘reasonable steps’ to prevent sexual harassment of employees. This follows the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023. Under the Act, tribunals will have the power to increase compensation by up to 25 per cent if it finds that an employer has breached this duty. It is important then that all employers take steps to review their policies and procedures around harassment in the workplace.
If you have any questions about these new pieces of legislation, please speak to Stephensons on 0333 321 4260.