The eagerly anticipated Employment Bill is due for its second reading in parliament on 18th March, as such the proposals in it are yet to be ratified and no changes are guaranteed but it is highly likely that once the Bill has been passed into law it will include a range of new measures. A number of the main proposals are outlined below.
Flexible working rights
Government consultation has already taken place on this subject, with a view to establishing the right to request flexible working as a day one right and getting rid of the existing 26-week qualifying period.
Tips and gratuities
It is envisaged that the current voluntary code of practice will be replaced by a new statutory code to ensure that tips left by customers are retained by staff and are not taken from them either in part or in full by their employers. Proposals would also see a requirement for employers to have a written policy on tips, as well as recording tips and how they are dealt with.
Carer’s leave
This would be a new right which would give employees who have long term caring responsibilities one week of unpaid leave per year.
Neonatal leave and pay
New legislation is proposed for parents whose baby is taken into neonatal care. Parents in such circumstances would have the right to an additional week of leave for every week that their baby remains in neonatal care, up to a maximum of 12 weeks. Subject to meeting minimum qualifying criteria, eligible parents would receive neonatal leave pay at the prevailing statutory rate.
Extension of redundancy protection
Protection would apply to pregnant women from the point they notify their employer of their pregnancy until six months after returning to work. This protection would also be given to employees taking adoption or shared parental leave.
Non-compete and exclusivity clauses
The government has already consulted on regulating post termination non-compete clauses. In this consultation they sought views on either making such clauses enforceable only when employers provide compensation during the term of the non-compete clause, or alternatively making these clauses completely unenforceable. The Bill could establish law on either proposal or provide other legislation.
Exclusivity clauses for low paid workers
Again, following on from earlier consultation, regulations may come into force which would ban exclusivity clauses in contracts for low-paid workers. Currently such clauses are only banned in zero hours contracts.
Single enforcement body
The proposal is to combine three existing bodies (HMRC National Minimum Wage Enforcement, Employment Agency Standards Inspectorate (EASI), Gangmasters and Labour Abuse Authority (GLAA)) into one single body in order to enhance the protection of employment rights and ensure that employers comply with their obligations and that enforcement is more coordinated.
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