New law: Employers prepare for possible 2022 employment law changes

These are likely to include:

• New law to protect vulnerable workers better. Possible reforms include a right for those on variable contracts to request more predictable employment terms after 26 weeks.
• Extending redundancy protection to women during pregnancy, and for six months after their maternity leave (and possibly after shared parental leave), and not just while they are actually on maternity leave.
• Where a baby needs neonatal care, introducing up to 12 weeks neonatal leave and pay (in addition to existing forms of parental leave).
• Giving carers the right to take one week of unpaid leave each year – to apply from day one of employment.
• Imposing a duty on employers to prevent sexual harassment in the workplace, and prevent third-party harassment of workers.
• Requiring employers to pass on tips, gratuities, and service charges to workers; divide them up fairly and transparently; and make no deductions from them. Also entitling workers to request information from their employer about tips to help them in Tribunal claims.
• Possibly, giving employees six months to bring claims under equality laws (rather than the current three months).

Operative date

• To be confirmed

Recommendation

• Employers are starting to prepare for anticipated changes to employment law in 2022, including reviewing their workforce and the potential costs of take-up of new rights by workers, and reviewing policies, handbooks, procedures and staff training.