The Employment Rights Bill: What Changes Mean for Family Rights, Sick Pay and Harassment Laws
The Employment Rights Bill introduces a range of new protections and support measures for employees. It enhances family-friendly rights, strengthens measures against harassment and sexual harassment, and makes statutory sick pay more accessible. By addressing these key areas, the Bill aims to foster a more equitable and supportive work environment. This blog will delve into the specific rights bolstered by the Bill, how employers can prepare for these changes, and the implications for workplace policies and practices.
One of the most significant changes is the enhanced protection for pregnant employees and those on maternity leave. The Bill will make it unlawful to dismiss employees during pregnancy, while they are on maternity leave, or within six months of returning to work, except in specific circumstances. This change ensures that employees can focus on their health and family without the fear of losing their job.
Paternity leave will be aligned with maternity leave and become a day one right, meaning that employees will be able to take paternity leave from the start of their employment. This change reflects the growing recognition of the importance of paternal involvement in early childcare.
Parental leave, which permits up to 18 weeks of unpaid leave per child (maximum of 4 weeks in one year), will also become a day one entitlement. Employees will be able to access this leave without any minimum service period, providing parents with greater flexibility to care for their children during important developmental phases.
The Bill introduces stricter criteria for refusing flexible working requests. Employers will only be able to refuse such requests if it is “reasonable,” and they must provide written explanations. This change may make it more difficult for employers to deny flexible working arrangements, potentially leading to an increase in tribunal claims. Employees will benefit from greater opportunities to balance work and personal life.
Statutory bereavement leave will become a day one entitlement, with further regulations to be established. This leave will be at least one week long, with specific eligibility criteria based on the employee’s relationship with the deceased and the timing of the leave yet to be defined. The current right to paid parental bereavement leave will remain in place, ensuring that employees have the necessary time to grieve and handle their loss.
Employers will need to update their policies and educate senior management about the new protections and rights to family leave. Finance teams should adjust forecasts to account for increased costs associated with these changes. Identifying areas for family-friendly policy updates will be crucial in ensuring compliance and supporting employees effectively.
New Responsibilities for Preventing Workplace Harassment
Since October 2024, employers are required to take proactive steps to prevent sexual harassment, perhaps by conducting risk assessments, implementing mitigation strategies, updating policies, and training staff. The Bill extends employers’ liability to include harassment by third parties, such as customers, contractors, and the public, reinstating the third-party liability concept abolished in 2013. Employers will have to take all reasonable steps to prevent third-party harassment, including specific risk assessments and preventive measures.
To prevent third-party harassment, employers should update anti-harassment, sexual harassment, and equality policies to include third-party interactions. Conducting risk assessments for routine and specific events like client dinners is crucial. Preventive measures such as signage, clear reporting procedures, and conduct clauses in contracts with clients and contractors help mitigate risks. Training staff, particularly those with managerial responsibilities, on handling third-party harassment, ensuring robust reporting mechanisms are in place, and regularly reviewing policies and risk assessments are vital. It is important for employers to create a supportive culture where employees feel comfortable raising concerns.
The Bill will make statutory sick pay (SSP) available from the first day of absence (currently available from day 4) and provides 80% of normal weekly earnings for employees earning below £123 per week if this amount is less than the SSP rate (current rate £116.75). This change will notably impact employers with part-time and lower-paid workers. To prepare for this, employers should look to revise financial projections, maintain accurate absence records, and manage absences carefully. It may be that businesses with higher-paid staff are less impacted by this change due to the fact that their employees are already paid as normal during any periods of absence.
