In an article published in Compliance & Risk Journal, Kim Sartin, Lauren French and Melissa Chan discuss the new duty on employers to take reasonable steps to prevent sexual harassment of their workers in the course of their employment that came into force on 26 October 2024.
Further to the Employment Rights Bill that was published on 10 October 2024, the government has launched a consultation on strengthening statutory sick pay. The consultation seeks views on the amount of statutory sick pay that employees earning less than the current eligibility threshold should receive as part of the amendments to the Employment Rights Bill.
In its “Make Work Pay” manifesto, the Labour government pledged to bring in the “right to switch off” for workers. The government is reportedly considering a Code of Practice on such right, which may operate in a similar way to the Codes of Practice on disciplinary and grievance matters, and fire and rehire, with the potential for uplifts in compensation for specified types of claims where there has been non-compliance. Full details of the proposals are awaited but employers may wish to examine their hybrid and remote working arrangements now in order to ensure that they can react swiftly to future developments.
The Equality Act 2010 gives outsourced workers broad protections from discrimination by the client on whose contract they work. However, the Court of Appeal has held that the protection does not extend to the terms of the workers’ contracts of employment with the service provider, such as pay. The EAT had held that the protection could be engaged where the client had effectively dictated the terms on which the workers were employed, but the Court of Appeal has rejected that position. Companies with outsourced workforces can still be liable in many other respects, for example if they restrict access to onsite facilities or refuse to allow individuals to work on the contract on discriminatory grounds.
The Parker Review Committee has published its latest report on ethnic minority representation at board level and within senior management at FTSE350 companies, and the 50 largest private companies in the UK. Ethnic minority directors currently represent 19% of FTSE 100 directors, 13.5% of FTSE 250 directors and 11% of relevant private company directors.
The government has announced the annual increases to tribunal compensation awards and statutory redundancy payments from 6 April 2024.
Following calls by the European Parliament for potentially far-reaching changes, the European Commission has now kicked off the EU legislative process to revise the European Works Council Directive. This alert provides an update on the Commission’s proposals, and we will issue further alerts as the legislative process continues.
A number of employment law changes will, or are expected to, come into force in April in the UK that employers should make note of. We have summarized them here for reference.
The Employment Appeal Tribunal held that a single redundancy required some form of wider workforce consultation, and that this should be the norm for all individual redundancy exercises. Nevertheless, taking into account the facts of this case and long-established case law and rules on collective consultation, we consider that the main point is that consultation takes place with affected employee(s) at a time when it could make a difference.
Employees will have a statutory right to a week’s unpaid leave each year to care for a dependent from 6 April 2024. The Carer’s Leave Regulations 2024 have been laid before Parliament and are expected to be made shortly. They set out details of the scheme intended under the Carer’s Leave Act 2023, as previously reported.
Employers will need to decide whether they wish to enhance the new rights, for example, by paying for some or all of the leave, as part of an employee benefits package to recruit, retain, and support employees with caring responsibilities. Some employers may already offer a form of contractual carer’s leave.