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Government backed future legislative change: The Government has backed a number of Bills dealing with issues which have previously been consulted on

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By Hilary Larter and Ceri Fuller

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Published 16 November 2022

Overview

A. Carer’s leave: government backs carer’s leave bill

In June, a private members’ bill, the Carer’s Leave Bill, was introduced in Parliament.  This Bill (if passed) will introduce a new and flexible entitlement of one week's unpaid leave per year for employees who are providing or arranging care. It will be available to eligible employees from the first day of their employment. They will be able to take the leave flexibly to suit their caring responsibilities and will not need to provide evidence of how the leave is used or who it will be used for.  Employees taking their carer's leave entitlement will be subject to the same employment protections that are associated with other forms of family-related leave, meaning they will be protected from dismissal or any detriment as a result of having taken time off.

The Government has confirmed that it is backing the Bill, with the Bill passing its second reading with government support on 21 October 2022.

Boost for carers who will receive new unpaid leave entitlement under government-backed law

 

B. Extension of redundancy protection for employees returning from family leave

In June, a private members’ bill was introduced in Parliament which (if passed) will extend the protection from redundancy currently given to employees on family leave.  In October 2022, the Bill passed its second reading with government support.

Under current legislation, employees on shared parental, adoption and maternity leave benefit from some protection from redundancy during their period of statutory leave.  Before making an employee on maternity, adoption or shared parental leave redundant, an employer must offer them a suitable alternative vacancy where one is available with the employer or an associated employer.  The new Bill will extend this protection to apply after return from family leave.  It is unclear how long this extension will apply for: initially, the Government indicated that it would apply for six months after return from leave, but there have now been suggestions that the protection will apply for eighteen months from birth.

 Government backs new law to help pregnant women and new parents stay in work

 

C. Sexual harassment: duty to prevent sexual harassment

In October, the government confirmed that it would be backing a private members’ bill to introduce a duty on employers to prevent sexual harassment in the workplace and to re-introduce protection from third party harassment at work.

The new legislation will impose a new positive duty on employers to “take all reasonable steps” to prevent their employees experiencing workplace sexual harassment. An employment tribunal would also be given the power to apply an uplift of up to 25% on tribunal awards where the duty to prevent harassment had not been complied with. 

The Bill would also make employers potentially liable for the harassment of staff by third parties, such as clients or customers, if the employer has failed to take all reasonable steps to prevent harassment. These protections would apply to all acts of third party harassment in the workplace, not just sexual harassment.  If the Bill is passed in its current form, an employee would be able to bring a third party harassment claim against their employer in respect of third party harassment after a single incident of harassment.

 

What does this mean for employers?

We do not know when these changes will be implemented.  However, employers should be aware that these changes are progressing and expected to come into force. 

Worker Protection (Amendment of Equality Act 2010) Bill

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