Some outstanding employment law reforms completed their passage through Parliament ahead of its dissolution following the announcement of the General Election. Should there be a change of Government it is now clear that a number of Conservative proposals are unlikely to see the light of day.
Facts
These reforms completed their passage through Parliament:
- The Paternity Leave (Bereavement) Act 2024: This Act provides for paternity leave in cases where a mother, or person with whom a child is placed or expected to be placed for adoption sadly dies. For more detail see our article last month. The Conservatives have indicated that they would aim to bring this legislation into force in April 2025. Labour have also confirmed they will pass the necessary regulations to bring this Act into force, but not when.
- The Statutory Code of Practice on Dismissal and Re-engagement was approved and is due to come into force on 18 July 2024. The draft Order giving Employment Tribunals power to uplift compensation by 25% for breach of the code is also due to take effect on 18 July. However, with the General Election result coming before 18 July it's possible a new Labour Government would not approve this draft Order, as they have said they do not believe the Code goes far enough and needs to be revisited.
- Post Brexit reform: Regulations were made bringing section 6 of the Retained EU Law (Revocation and Reform) Act 2023 into force from 1 October 2024. This addresses the role of the courts post-Brexit.
Conservative legislation unlikely to be taken forward by Labour
- Limiting non-compete post termination restrictions to three months.
- Introducing fees for employment tribunal claims and EAT appeals.
- Changes to rules on subject access requests included in the Data Protection and Digital Information Bill which has not been passed into legislation.
- Reforming the fit note process as set out in a call for evidence which closes on 8 July 2024.
- Changes to TUPE proposed in a consultation which closes on 11 July 2024.
- Setting minimum service levels during strike action for specific sectors.
What this means for employers
When, and whether these laws come into force with further amendments, will depend on the outcome of the General Election.
The duty to prevent sexual harassment will still come into force on 26 October 2024 as it does not require Regulations to bring it into force. The EHRC has said it will provide final guidance at least a month before the new duty comes into force.
