Archive
Month: June 2023
Top 10 employment law developments to watch out for!
We’re kicking off with the ‘top 10’ employment law developments you need to be keeping an eye on over the next 12 months…we know how to party!
1 – ChatGPT and AI – the appropriate usage of chatbots and AI tools at work should be high on everyone’s agenda. There’s loads of benefits to explore, but plenty of potential risk. We’ve added a new policy to Intelligent Employment as a starting point to help you manage boundaries.
2 – Brexit – we’ll need to keep an eye on whether any further employment laws will be listed for repeal following the government announcement that all EU-derived law will remain unless expressly removed. We also await further detail on changes to the Working Time Regulations and changes to TUPE consultation.
3 – Non-compete clauses – we await the legislation that will provide all the detail on the proposal to limit non-compete clauses to just three months.
4 – Neonatal care leave – a new right to allow up to 12 weeks of paid leave for eligible parents whose newborn baby is admitted to neonatal care.
5 – Unpaid carer’s leave – another new right to provide a week of unpaid leave to employees who are caring for a dependant with long-term care needs.
6 – Extended redundancy protection – extending protections for those on maternity, adoption or shared-parental leave to cover pregnancy and an extended period after they return to work.
7 – Flexible working – we await further detail on a bill proposing a day-one right to request flexible working arrangements.
8 – Predictable T&Cs – a new right to request more predictable terms and conditions (largely aimed at zero-hours workers).
9 – Mental health first aid – a bill is progressing through parliament aiming to make mental-health first aid part of physical first-aid training requirements within businesses.
10 – Equal pay – high-value claims against big high-street names (such as Next) continue to work their way through the courts. If successful we could start to see even more appetite for litigation.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Legal lightbulb – people law, policy and practice
New family-friendly laws receive Royal Assent
Three new Acts introducing new family-friendly rights will become law:
- The Neonatal Care (Leave and Pay) Act provides up to 12 weeks of paid leave for eligible parents whose newborn baby is admitted to neonatal care (in addition to other leave such as maternity or paternity).
- The Carer’s Leave Act creates a new right to unpaid leave for employees who are caring for a dependent who has a long-term care requirement.
- The Protection from Redundancy (Pregnancy and Family Leave) Act will provide further protection against redundancy for an extended period for those who have recently been on maternity, adoption or shared parental leave.
When the government have announced the dates these laws will be introduced, we’ll let you know.
A new British standard for supporting menopause at work
The British Standards Institute has launched a new workplace standard (BS 30416) on menstrual and menopausal health. 45% of women believe that menopausal symptoms have had a negative impact on their performance at work, with one in 10 women leaving their jobs due to symptoms.
The aim is to promote awareness and understanding of the challenges faced by individuals during this time and for businesses to adopt positive practices to support. BS 30416 offers a number of recommendations such as introducing a menopause policy (we have one on Intelligent Employment), more manager training, using non-stigmatising language, offering flexible working arrangements, flexible uniform or dress codes…and plenty more! If you want to know more, click here.
People dates for your diary – August 2023
04 | Cycle to Work Day
07-13 | Afternoon Tea Week
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Redundancy – be clear on your reasons
If you’re considering making redundancies, you need to be clear on your reasons. If you’re unable to explain clearly why there was a redundancy situation, you’ll be exposed to unfair dismissal claims of up to a year’s pay for each redundant employee.
Here’s what you need to know:
Focus on business needs – consider business priorities, whether annual plans are on track and if not, how they need to be adjusted. Is there reducing demand, do particular roles need reshaping or are they no longer affordable? A tribunal will check whether your reasons for change were genuine, or whether you’re dismissing for another reason (e.g. poor performance) but disguising the dismissal as redundancy.
Record your reasons – you’ll need to be able to show your reasons for redundancy at the time you made the decision. Save spreadsheets, business plans, sales figures, and anything else that shows your thinking at the time.
TUPE – if your reason for the change is outsourcing, you’ll need to take advice on whether you’re creating a TUPE transfer. However genuine your reasons, if outsourcing creates a TUPE transfer you’ll need to take extra care when making redundancies as employees subject to TUPE transfers are afforded enhanced employment law protection.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Limiting non-compete clauses to three months
The government has announced their intention to introduce legislation that will limit the duration of non-compete clauses in employment contracts to just three months.
What does this mean for your existing non-compete clauses and post-termination restrictions (PTRs)? Here’s what you need to know:
Only non-compete clauses – the proposals will not affect your ability to use other PTRs (such as non-solicitation or non-poaching clauses), garden leave periods, or confidentiality provisions. It’s only going to be non-competes that are time-limited to three months.
Existing clauses – we don’t know if the three-month limit will apply retrospectively to non-competes in existing contracts (effectively cutting short any longer clauses by default), or whether the limit will only apply to contracts entered into after the legislation comes into force.
Restrictions in other documents – the announcement only refers to non-competes in “employment contracts”. We’ll need to wait for further detail on the legislation to know whether you’ll be able to use longer non-competes in other documents such as shareholder or settlement agreements.
Test for enforceability – irrespective of the proposed time limit, non-competes will still only be enforceable if they go no further than necessary to protect your legitimate business interests. They’ll still need careful drafting!
Timescales – legislation will be introduced “when parliamentary time allows”. We’ll update you when we know more and when the legislation will be introduced.