July 2019 employment law announcements: Key proposals for HR

Author: Stephen Simpson

July 2019 saw progress made on an unusual number of proposed employment law changes. The Government published consultations covering workplace sexual harassment, statutory sick pay, family-friendly leave and pay, flexibility in working hours, modern slavery statements, and enforcement of worker rights. It also made announcements on changes to the laws on rehabilitation periods for offenders, settlement agreements, and protection against redundancy during pregnancy and maternity leave.

1. Strengthening workplace sexual harassment laws

What are the key proposals?

Legal timetable

XpertHR's legal timetable and consultations keep track of pending employment laws, with implementation dates and closing dates.

  • Introduce a mandatory duty on employers to prevent harassment in the workplace.
  • Strengthen and clarify the law on third-party harassment in the workplace.
  • Extend the employment tribunal time limits for claims under the Equality Act 2010.
  • Introduce a statutory code of practice on sexual harassment at work.

What happens next?

The consultation on sexual harassment in the workplace closes on 2 October 2019. Employers have until then to put forward their views to the Government on the proposals.

HR professionals should also look out for the new statutory code of practice on sexual harassment. The Equality and Human Rights Commission will develop the new code and consult on a draft version before it is introduced.

2. Clarifying the law on settlement agreements

What are the key proposals?

  • Ensure that a confidentiality clause cannot prevent an individual from making a disclosure to the police, regulated health and care professionals, or legal professionals.
  • Improve independent legal advice available to an individual when signing a settlement agreement.
  • Produce guidance on drafting requirements for confidentiality clauses.
  • Introduce new enforcement measures for confidentiality clauses that do not comply with legal requirements.

What happens next?

The Government published the response to its consultation on preventing misuse of confidentiality clauses in situations of workplace harassment or discrimination on 21 July 2019. The Government said in the response that it will implement the legislative changes "when parliamentary time allows".

Statutory entitlements are only one way that government can support people to manage their work-life balance and incentivise business to support these choices. It is also important that we improve the transparency of employers' flexible working and parental leave and pay policies to ensure that this information is available to job applicants, who may otherwise be reluctant to ask for this information for fear of discrimination.

Good work plan: Proposals to support families

3. Overhauling family-friendly rights

What are the key proposals?

  • Introduce neonatal leave and pay to support new parents whose baby requires neonatal care following birth.
  • Require large employers to publish their family-friendly leave and pay and flexible working policies.
  • Overhaul family-friendly leave and pay entitlements, with a focus on changes to statutory paternity leave and pay that would encourage fathers to take more leave.

What happens next?

The parts of the consultation on proposals to support families that relate to the proposals for neonatal leave and pay and publication of family-friendly policies close on 11 October 2019.

The part of the consultation dealing with the proposed overhaul of family-friendly leave and pay entitlements remains open until 29 November 2019.

4. Pregnancy and maternity leave: extending redundancy protection

What are the key proposals?

  • Ensure that the redundancy protection period, which gives the right to be offered any suitable alternative vacancy in a redundancy situation, applies from the point that the employee informs the employer that she is pregnant, whether orally or in writing.
  • Extend the redundancy protection period to six months after a new mother has returned to work, with the protection period starting once maternity leave is finished.
  • Mirror the extension of the redundancy protection period for those taking adoption leave and shared parental leave (but not paternity leave).

What happens next?

The Government published the response to its consultation on extending redundancy protection for women and new parents on 22 July 2019. The Government said in the response that it will "work with stakeholders to develop a workable solution and look to bring forward legislation when parliamentary time allows".

Employers should look out for further announcements on potential changes to pregnancy and maternity discrimination. The Government said that it will explore the possibility of extending the three-month time limit for bringing a pregnancy and maternity discrimination employment tribunal claim to six months.

Simple, low-cost employer actions and a supportive approach can make all the difference. For example, this could be making flexible adjustments to someone's working pattern, or keeping in touch with people while they are on sick leave...When someone becomes ill at work, their employer not only loses a valuable employee but incurs extra costs. For the employee, the longer they are off work due to ill health, the less likely they are to return to employment.

Health is everyone's business: proposals to reduce ill-health-related job loss

5. Reforming statutory sick pay (SSP)

What are the key proposals?

  • Extend SSP to those earning less than the lower earnings limit.
  • Amend SSP rules to allow for employees on a phased return to work following sickness absence to receive part wage and part SSP.
  • Offer SSP rebates to SMEs that demonstrate good practice in supporting employees on sickness absence.
  • Introduce a new right to request workplace modifications on health grounds, for employees not covered by the duty for employers to make reasonable adjustments for disabled people.

What happens next?

The consultation on proposals to reduce ill health-related job loss closes on 7 October 2019. Employers have until then to put forward their views to the Government on the proposals.

6. Addressing "one-sided flexibility" in working hours

What are the key proposals?

  • Give workers the right to "reasonable and recordable" work schedules, to tackle the issue of workers being allocated shifts with limited notice, making it difficult for them to "plan their lives or find other work".
  • Define what counts as "reasonable notice" of work schedules, which might include a minimum amount of notice while also building in some flexibility (for instance for the emergency services).
  • Introduce a requirement for employers to record the notice given, for example via "printed document, email or text", to assist enforcement.
  • Provide workers with compensation for shifts cancelled without reasonable notice.

What happens next?

The consultation on measures to address "one-sided flexibility" closes on 11 October 2019. Employers have until then to put forward their views to the Government on the proposals.

7. Extending the requirement to produce modern slavery statements

What are the key proposals?

  • Require certain public-sector organisations to produce annual modern slavery statements, consulting on the size and type of organisation that should be brought into scope.
  • Introduce a single annual reporting deadline for organisations caught by the legislation to publish their modern slavery statement.
  • Create a central online registry where employers can upload their modern slavery statements, similar to the GOV.UK website where employers publish their gender pay gap reporting figures.
  • Ensure that government ministerial departments take responsibility for voluntarily publishing their own modern slavery statements on an annual basis from 2020/21.

What happens next?

The consultation on transparency in supply chains closes on 17 September 2019. Employers can find further details how the Government is evolving modern slavery legislation in its response to the recommendations of the independent review of the Modern Slavery Act.

Large public-sector organisations may wish to pre-empt changes to the law and prepare a voluntary modern slavery statement.

8. Reforming the rules on rehabilitation periods

What are the key proposals?

Single enforcement body for employment rights

In July, the Government also opened a consultation on establishing a single enforcement body for employment rights, which runs until 6 October 2019.

  • Remove the requirement in some cases for job applicants to disclose to employers sentences exceeding 48 months, after a certain period.
  • Reduce the period of time during which shorter sentences and community sentences have to be revealed to employers.
  • Apply stricter rules to sensitive posts, for example those involving work with children or vulnerable adults.

What happens next?

On 15 July 2019, the Government announced its plans to reform the rules on rehabilitation periods. The Government said in the announcement that it will legislate for the changes "when parliamentary time becomes available".