In the ever-evolving landscape of employment law, staying informed about recent updates and upcoming changes is crucial for employers and employees alike. This blog provides an overview of some of the recent developments in employment law, along with a look ahead at what is set to be introduced in the near future.
Recent Changes
Briefly, some of the recent changes include:
26 September 2024: The Equality and Human Rights Commission published its final revised technical guidance on sexual harassment and harassment at work.
5 September 2024: The Equality and Human Rights Commission published new resources to help employers understand their legal obligations and the practical steps they can take to best support disabled employees with hybrid working. The Equality Act 2010 places a duty on employers to make reasonable adjustments, meaning they must take steps to remove, reduce, or prevent obstacles a disabled worker faces. Making these adjustments creates environments where staff can perform more effectively and achieve their full potential. This guidance is designed for small and medium-sized employers so they can support disabled staff with reasonable adjustments and help their employees thrive while hybrid working.
5 September 2024: The Low Pay Commission (LPC) published a policy paper confirming how it intends to tackle its updated remit in relation to advising the government on the National Living Wage and National Minimum Wage.
6 August 2024: The Equality and Human Rights Commission’s consultation on the wording of new technical guidance on the duty to take reasonable steps to prevent sexual harassment in the workplace closed.
18 July 2024: The statutory Code of Practice on Dismissal and Re-engagement came into force. Following the mass redundancies announced by P&O Ferries without consultation or notice in March 2022, the government announced that it would issue this code to address “fire and rehire” practices. Tribunals and courts will be required to take the code into account and may apply an uplift of up to 25% where an employer unreasonably fails to follow it.
Upcoming Changes
At a glance, some of the changes to be introduced shortly include:
1 October 2024: The Code of Practice on Fair and Transparent Distribution of Tips will come into force.
1 October 2024: All remaining provisions of the Employment (Allocation of Tips Act) will come into force.
October 2024: Under the previous government, the launch of the “WorkWell” pilots was expected to begin. On 16 November 2023, the government announced plans to consult on reforms to fit notes as part of a package of reforms to the welfare system for those with long-term health conditions, disabilities or long-term unemployment (called the Back to Work Plan). On 7 May 2024, the DWP announced the launch of “WorkWell” pilots. The pilot service will provide a single assessment and gateway to local employment support and health services. It aims to help people manage their health condition or disability and identify workplace adjustments that would help them to stay in work or return sooner.
26 October 2024: The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force, introducing a duty on employers to take reasonable steps to prevent sexual harassment. Employment tribunals will have the power to uplift sexual harassment compensation by up to 25% for breaches of this new duty.
End of October 2024: The Low Pay Commission is expected to report back on the impact of proposed increases to the National Minimum Wage and National Living Wage to the government.
April 2025: Under the previous government, the entitlement to neonatal care leave and pay was expected to come into force. The Neonatal Care (Leave and Pay) Act 2023, which received Royal Assent on 24 May 2023, makes provision for a right to statutory neonatal care leave (expected to be capped at 12 weeks) and pay (expected to be at the statutory prescribed rate or, if lower, 90% of the employee’s average weekly earnings) for employees with a parental or other personal relationship with children receiving neonatal care.
As these updates and upcoming changes in employment law unfold, it is essential for employers to stay informed and adapt their practices accordingly. If you require any advice, please contact Farleys’ employment law specialists on 0845 287 0939, get in touch by email, or use the online chat below.
