What to expect in 2022
United Kingdom | Video | January 2022 | 06:58
Video Details
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Hello and welcome to our first employment video for 2022. My name’s Paul Griffin and I’m Head of the Norton Rose Fulbright Employment Team in EMEA. In this month’s video, I’m going to look at some of the employment law changes we anticipate may take place, many of which have been delayed due to the pandemic, and what steps employers should be taking to prepare for any such changes. |
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| Hybrid and Flexible working |
Since the start of the pandemic we’ve seen a shift towards home working and more flexible hours. But the current rules on flexible working aren’t necessarily fit for purpose. In September last year, the government issued a consultation paper containing various proposals for change. These included making the right to request flexible working a day one right, removing the rule that only one request can be made each year, and a change in the timeframe for considering requests. Changes to flexible working were initially proposed in the Employment Bill in 2019 which, as you all know, has not yet been brought into effect. There is hope that this may be something that is progressed this year and that the flexible working proposals will be included in that Bill. |
| Equality and diversity |
The gender pay gap reporting Regulations came into force on 6 April 2017. The regulations require that within five years the Secretary of State must review the regulations and publish a report on whether they meet their objectives. This would therefore need to be done by April this year, but it’s not clear whether there will be any significant changes as a result. In addition, the government also announced last year that it was still considering its response on implementing ethnicity pay gap reporting. It’s hoped that this response will be published at some point this year. Finally, at the end of last year, the Government published a consultation paper on disability workforce reporting for employers with 250 or more employees. Again, the consultation response and next steps are likely to be published this year. Another paper which was published last year was the government’s response on sexual harassment in the workplace. The response set out a proposal to introduce a new duty on employers to prevent sexual harassment and third party harassment in the workplace, with a defence if the employer has taken all reasonable steps to prevent the harassment taking place. Again, these changes could be included in any Employment Bill and will require a change in how employers manage the risk of harassment claims. The Government also indicated that it was considering an extension of the time limits for bringing claims under the Equality Act 2010 from three months to six months but, as yet, we have not seen anything further on this. The Government has also promised legislation relating to the use of Non-disclosure agreements, or NDA’s, and this is something we may see this year. In addition, the Women and Equalities committee set up an inquiry into menopause in the workplace and the extent to which women with menopausal symptoms suffer discrimination. The recommendations are expected this year and could lead to changes to the Equality Act. |
| Employment Bill | As I mentioned, the government first proposed an Employment Bill in 2019. As well as the proposal to make flexible working the default, the Employment Bill was also intended to include other provisions. These included introducing a single enforcement body to better ensure protection of workers’ rights. Vulnerable workers may also be protected by a right to request a more predictable working pattern for casual workers. Other rights for working families were also proposed: neonatal leave for parents whose babies require neonatal care, and unpaid leave for carers which would introduce a right for employees with caring responsibilities to take one week’s unpaid carer’s leave each year. The bill was also intended to introduce extended redundancy protection for mothers on maternity leave and returning to work. There were also proposals for ensuring that tips left for workers would be retained by them in full. |
| Other changes |
Despite Brexit we may see some changes as a result of EU Directives. Since 17 December last year, EU Member States have been obliged to bring into force laws to establish internal reporting channels, implementing the EU Whistleblowing Directive. Although the UK isn’t required to implement the Directive, the Directive may influence organisations covering multiple jurisdictions. The Department for Business Energy and Industrial Strategy has also announced a review of whistleblowing legislation, although the scope of the review isn’t yet clear. Other consultation papers were also published in 2020 and 2021 and so we may see developments in relation to these areas. These include a proposal that the government may regulate the use of non compete covenants. The government also consulted on a proposal to extend the ban on exclusivity clauses beyond zero hours contracts so that it covers contracts where workers’ guaranteed weekly income is less that the Lower Earnings Limit. |
| Key cases in 2022 |
We also expect some judgments to be delivered this year. A couple of these cases relate to holiday – looking at the extent of an employer’s liability to pay for holiday in circumstances where the individual was not paid holiday due to him being treated as self-employed and also a judgement on how the holiday entitlement for those working only part of a year should be calculated. Indications have been given by the government that some of these changes will be introduced “when parliamentary time allows”. We will obviously keep you updated on any such changes throughout the year and if you have any questions please do get in touch. Thank you. |
