These updates relate to the family-friendly bills from the Queen’s Speech in 2019, which are either currently going through the House of Lords or have received Royal Assent, which makes the bill into an Act of Parliament.

 

The Protection from Redundancy (Pregnancy and Family Leave) Bill

This is a private members’ bill designed to protect workers on maternity leave from redundancy and has now received Royal Assent.

Currently, under the Employment Rights Act 1996, and Regulation 10 of the Maternity and Parental Leave Regulations 1999, an employer must offer an employee on maternity leave who is facing redundancy suitable alternative work if it exists. In some cases, this may mean giving the person on maternity leave priority over other employees who are also facing redundancy.

At present, this right does not extend to pregnant women who have not yet started maternity leave.

The Protection from Redundancy (Pregnancy and Family Leave) Bill makes amendments to the Employment Rights Act 1996, extending this current period of protection from redundancy to apply instead from when a woman tells her employer she is pregnant. It will then last until 18 months after the birth OR after a period of pregnancy, adoption leave or shared parental leave ends.

 

The Employment Relations (Flexible Working) Bill

This is currently at the Committee Stage of the House of Lords and is a private members’ bill designed to protect and increase employees’ rights around flexible working requests.

Currently, under the Equality Act 2010, employees with 26 weeks’ continuous service can submit 1 flexible working request application every 12 months. A response must be given by the employer within 3 months of the date of the request. Where the request is rejected, there are currently 8 statutory reasons which can be used for refusal, but there are no statutory guidelines on the level of evidence needed to be applied to those reasons in the decision outcome.

 

If passed, The Employment Relations (Flexible Working) Bill would:

  • increase the rights around flexible working, making this a day-one of employment right

  • increase the employee’s entitlement to raise two requests in any 12-month period.

  • require the employer to consult with the employee before refusing a flexible working request

  • reduce the time to respond to 2 months.

  • the requirement for employers to lay out how a flexible working request may affect the employer will be removed.

The Carer’s Leave Bill 2022-23

This is a private members’ bill designed to protect and increase employees’ rights around unpaid leave for those with caring responsibilities. It has now received Royal Assent.

The Carer’s Leave Bill could give working carers access to 1 week of statutory unpaid carer’s leave, each year, for those who care for a relative or friend to help them handle planned caring commitments.

The Neonatal Care (Leave and Pay) Bill 2022-23

This is a private members’ bill designed to protect and increase rights concerning leave and pay for employees with responsibility for children receiving neonatal care. It has now received Royal Assent.

The Neonatal Care (Leave and Pay) Bill will allow parents to take up to 12 weeks of statutory paid leave, to be taken within 16 months of the birth, in 1-week increments. This will be in addition to other parental leave entitlements such as maternity, paternity and shared parental leave. This will allow them to spend more time with their baby and delay the requirement to go back to work if their baby is still undergoing hospital care.

  • To qualify for leave, the baby must be receiving neonatal care, or have received neonatal care, within 28 days of the child’s birth and this must have continued for at least 7 continuous days starting from the day after birth.

  • To qualify for pay, the employee must have a parental or personal relationship to the child, and must have been employed for at least 26 weeks. It is anticipated that the rate of pay will be the same as rates of pay for other types of family leave.

There will be requirements set for notice, and evidence to prove eligibility to obtain both leave and pay under this regulation, which are yet to be confirmed. The entitlement could be introduced in 2024 or 2025 to allow HMRC and commercial payroll providers around 18 months’ notice to implement the changes to administer new statutory payments.

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