With so many significant changes to workplace rights and protections in the pipeline, it can be hard to keep track of those that don’t grab as many headlines.
Here’s a quick summary of four important but less widely discussed changes.
Protecting Employees From Sexual Harassment
What? From October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force, creating a new legal duty for employers to take ‘reasonable steps’ to prevent their workers from sexual harassment in the workplace. It also grants Employment Tribunals a power to increase compensation by up to 25% where an employer is found to have breached the new duty.
The EHRC has published draft guidance on the proposed changes and the new Act will work alongside the pre-existing protection within the Equality Act 2010.
However, it’s believed that the government may wish to amend the Equality Act 2010 to extend the protection to include third-party harassment (for example, from customers) therefore the Act could be extended and a new statutory code of practice introduced.
When? Employers should ensure they’re prepared in advance of 26 October 2024, when the Act will come into force.
Employment Tribunals
What? Extending the time limit for bringing a claim from three months to six.
Why? Labour believes that three months does not give an aggrieved employee enough time to issue a claim, particularly if their dismissal has left them with financial or health concerns to prioritise.
When? Employment Tribunals changes were set out in Labour’s Plan to Make Work Pay and Labour has confirmed that it’s committed to delivering this Plan in full, though we still don’t know a timescale for this becoming law.
The Employment Rights Bill will be introduced to Parliament by 12 October, within 100 days of the government taking office, but it’s not yet clear which policies will be included or how long it will take to go through both Houses of Parliament. It’s presumed there will also need to be time to consult.
Employment Status
What? Labour eventually wants to create a simpler system for employment status. This would likely see ‘employees’ and ‘workers’ merged into one single category, with another for those who are genuinely self-employed. If all workers are given the same employment rights, there are implications for tax as well as for rights such as sick pay and family leave but crucially, also, the right to claim unfair dismissal (which workers cannot currently claim).
Why? To fit modern working practices and provide clarity for workers and businesses, making it easier to apply the correct employment rights and protections.
When? As a substantial employment law change, this longer-term aim is expected to be preceded by a detailed consultation.
Right to Switch Off
What? The government wants to introduce a ‘right to switch off’ when workers are outside of their normal hours. A code of practice could be established where both employees and employers agree to acceptable levels of contact – or no contact at all – while not working.
Plans are likely to be flexible and broad enough in scope to recognise the varied needs of different companies, sectors and individuals, and to maintain a balance between productivity and staff wellbeing.
Why? To ensure people have some time to rest and that working from home doesn’t result in homes turning into ‘24/7 offices’. The government says switching off outside work is key to productivity and could boost economic growth.
When? With no clear date yet indicated, business will need to see how this evolves over the coming months as stakeholders react to this pledge.
WorkSmarter will keep you up to date with these changes, helping you understand new legislation and your obligations so you can avoid complications and stay compliant. Our HR Partners can offer bespoke advice and guidance.
Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.
