Welcome to our February 2025 Employment Law Update!
This month, we cover key amendments to the Employment Rights Bill, including proposed domestic abuse leave and added protections for carers and those facing pregnancy loss. We also highlight notable Private Members’ Bills, the upcoming Neonatal Care Leave Regulations, and a recent tribunal ruling on maternity rights and redundancy.
Read on for full details.
Employment Rights Bill: more amendments
Following the substantial amendment paper tabled before Christmas to address inconsistencies and clarify technical points, MPs have proposed further amendments as part of the Committee Stage in the Bill’s Parliamentary passage, which have now been progressed to the Report Stage for consideration. Heading the list is the proposal to introduce a new right for victims of domestic abuse to take up to 10 days’ leave (although it is unclear whether this would be paid or unpaid).
The amendment also seeks to introduce additional protection by requiring employers to take all reasonable steps to prevent their workers from experiencing domestic abuse in the course of their employment and provides protection from being unfairly dismissed or suffering any detriment on the grounds that they are someone affected by domestic abuse. Other proposed amendments include making carer’s leave a paid entitlement; making caring a protected characteristic under the Equality Act 2010; and extending statutory bereavement leave and pay for those suffering pregnancy loss pre-24-weeks.
Private Members’ Bills
Despite the number of employment-related Private Members’ Bills (PMBs) introduced, few will see the light of day, but it is worth being aware of what is in the pipeline as the subjects are a useful indicator of MPs’ sentiments which may influence future government legislation.
Health & Safety at Work etc Act 1974 (Amendment) Bill
This bill, inter alia, seeks to require employers to undertake risk assessments so they can be proactive in preventing harassment and workplace violence. Any failure to do so would be considered a breach that would come within the scope of H&S legislation, meaning unlimited fines and a potential criminal prosecution. This is in addition to the Worker Protection (Amendment of Equality Act 2010) Act 2023 requiring employers to take ‘all reasonable steps’ to prevent their staff from being sexually harassed during the course of their employment. The Bill’s second reading is tabled for 7 March.
Whistleblowing Bill
Introduced last year, this Private Members’ Bill seeks to create an independent Office of the Whistleblower with statutory powers to protect whistleblowers by creating and monitoring standards for managing whistleblowing, to provide disclosure and advice services, direct whistleblowing investigations and order redress of detriment suffered by whistleblowers.
Domestic Abuse (Safe Leave) Bill
This seeks to entitle victims of domestic abuse to 10 days paid “safe leave” to enable them to seek support and deal with challenges faced in trying to leave such relationships without forfeiting wages or using other leave entitlements, such as holiday or sick leave. This was introduced under the 10-minute rule however, a similar entitlement has already been introduced as an amendment to the Employment Rights Bill (see above).
Bullying and Respect at Work Bill
This Bill is designed to introduce a legal definition of bullying at work and enable employees to bring a bullying claim before an Employment Tribunal. It also aims to introduce a ‘Respect at Work Code’, giving employers guidance about minimum standards of behaviour for a positive and respectful work environment; and enable the Equalities and Human Rights Commission to investigate organisations where there is evidence of a bullying culture and to take enforcement action. The Bill has its next reading on 20 June 2025, almost two years after its first reading on 11 July 2023.
Tina Chander, Partner and Head of Employment Law has lent her support to Conduct Change Ltd, the founder of the Stop Hurt at Work campaign, to help the progression of this much-needed Bill and help combat such behaviour in the workplace, including her ‘End Workplace Bullying campaigns’. As part of this, she and Nicki Eyre, Conduct Change’s Managing Director, are offering a combined training module: “Bullying and Harassment in the Workplace.” If you would like to learn more about this offering, please do get in touch.
Neonatal Care Leave Regulations
The Neonatal Care (Leave and Pay) Act 2023 is due to come into force on 6 April 2025 whereby parents (including adoptive and surrogate) of babies born on or after 6 April 2025 will be entitled to up to 12-weeks neonatal care leave and pay (subject to eligibility criteria) if their baby either remains in, or is admitted to, hospital before it is 28 days old and requires seven or more days of continuous neonatal care in hospital. The entitlement to leave is a day one right, but to be entitled to pay, employees will require 26 weeks continuous service with their employer. Parental rights will be enshrined in the Neonatal Care Leave Regulations, which are currently in draft form.
For further information on the Neonatal Care (Leave and Pay) Act 2023, please see our article here.
Case update
Tribunal should not have determined complaint not part of the original claim
Walsall Metropolitan BC v Christine Oliver
Ms Oliver was a care manager who was made redundant, following a restructuring exercise, while she was on maternity leave. Accordingly, she brought a claim for maternity discrimination under section 18 of the Equality Act 2010. At the Tribunal, while cross-examining her employer’s witnesses, she appeared to be arguing that Regulation 10 of the Maternity and Parental Leave etc Regulations 1999 had been breached, whereby she had not been offered suitable, alternative employment as per the regulations. The tribunal went on to find that her redundancy was automatically unfair on this basis.
Her employer appealed on the grounds that Ms Oliver had not included a Regulation 10 claim in her original claim and, therefore, should not have been considered by the Tribunal and that it should have been treated as an application to amend. The EAT upheld the employer’s appeal, holding that the Tribunal was only able to determine a complaint that was part of the claimant’s original claim and that the Regulation 10 claim had not been ‘identified as a separate cause of action at any earlier stage.’ The ET should have treated it as an application to amend as well as considering the timeliness of the claim which was presented after the deadline.
This case underlines the necessity of understanding the difference between different types of claims, in this case between maternity discrimination and automatic unfair dismissal, ensuring that a claim is clearly set out on this basis, and that each case is presented within the relevant time limits.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
