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UK: summer season replace on employment regulation reform proposals


These anticipating the same old crop of presidency consultations on employment regulation reform to be rushed out earlier than the summer season recess shall be upset this 12 months; many of the ‘to do’ record (right here) stays untouched, with only a few exceptions:

  • The Authorities has lastly printed its response to the 2018 employment standing session (which shaped a part of its Good Work Plan arising out of the Taylor Evaluate).  It has concluded that the time isn’t proper for legislative reform to the standing assessments nor to convey ahead proposals to align the employment and tax frameworks, given the shortage of consensus on what reforms are applicable, the necessity for enterprise to give attention to financial restoration from the pandemic, and the broader financial context.  As an alternative the Authorities hopes to ‘ship higher readability’ by publishing steering on employment standing and rights, for HR and authorized professionals, for people and for employers, accessible right here.  The Authorities additionally notes the advantage of permitting time for the impression of the Uber Supreme Courtroom judgment “to movement by means of to market practices earlier than contemplating any additional interventions”.
  • Laws to extend the utmost damages which can be ordered towards a union for illegal industrial motion and to revoke the restriction on employment companies supplying short-term employees to interchange placing staff got here into pressure on 21 July 2022.  Unison has indicated that it intends to hunt judicial evaluation of the provisions on utilizing short-term employees.
  • The Authorities introduced that it’s backing Non-public Members’ Payments to offer for neonatal care depart and pay and guarantee all suggestions go to staff, so these initiatives won’t now must await an Employment Invoice.  Each Payments have acquired their second studying within the Commons.
  • The Authorities’s newly printed coverage paper Ladies’s Well being Technique for England incorporates numerous workplace-related targets.  These embody encouraging employers to foster a tradition the place ladies’s well being points will be overtly mentioned and supported, and to implement versatile working and menopause insurance policies and applicable help for these experiencing menstrual well being and fertility issues. Additional work shall be carried out on the way to enhance office help for these affected by being pregnant loss and stillbirth, and a brand new being pregnant loss certificates shall be launched for folks who expertise a loss earlier than 24 weeks of being pregnant.  In the meantime the cross-party Ladies and Equalities Committee has once more referred to as for a session on making the menopause a protected attribute, together with an obligation to make cheap changes, and for the twin discrimination provision within the Equality Act to be commenced – proposals that the Authorities has beforehand rejected (most not too long ago, right here).
  • Draft laws have now been laid to increase the ban on exclusivity clauses in employment contracts to low-income staff.
  • The Knowledge Safety and Digital Info Invoice has been launched into Parliament, largely reflecting the plans set out within the Authorities’s session response – see our HSF Knowledge Notes weblog publish right here for additional particulars.
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No steering on voluntary ethnicity pay hole reporting nor any response on workforce incapacity reporting has been printed as but, regardless of their summer season 2022 deadlines. The Authorities’s Race Disparity Unit has printed a session on new requirements for ethnicity information, geared toward public our bodies however which can show helpful to employers wishing to start out monitoring voluntarily.


Anna Henderson