When Labour came to office in July 2024, various new DE&I regulations were already in train, but it was only in October, when the UK’s Employment Rights Bill was published, that the finer detail was revealed. The King’s Speech, delivered by the monarch and written by the new UK government, set out the legislative plans for the new session and, which included 40 bills, the highest number to appear in a royal speech since 2005.
Some of what was revealed on October 10 was expected but other areas didn’t feature a mention, though these may top the agenda later.
Enhanced protection for employees
One of the biggest shake-ups was that employees will have enhanced protection from day one of their employment. Employees will be entitled to paternity, parental and bereavement leave from the start of their tenure, a significant change from the status quo, which meant an individual would typically have to wait until months, or even years, had passed before they were entitled to support.
The big winners of this from an inclusion perspective are women, especially from a parental perspective, but also men. This is an important step designed to provide more flexibility in the labour market. The government is extremely committed to the measures that are already in place and are trying to do more in terms of supporting women and men in the workplace.
In the case of disabled people, giving them access to statutory sick pay while on probation is a helpful step, as there is plenty of evidence to suggest that people who are unfit work continue to work as they cannot afford to take time off when unwell. The government is trying to do something that will have a positive impact.
Flexible working is favoured
Measures have been strengthened to protect pregnant women and new mothers against dismissal, including during pregnancy, maternity leave, and six months after returning to work.
When it comes to flexible working, which became the norm in many quarters during the pandemic, there have been lots of changes that favour the employee being able to work flexibly as a default. This means businesses will now have to provide a clear and reasonable business case for refusal for flexible working, moving the responsibility from the employee having to make a case for it to the employer making an argument as to why it is not feasible. There will be exceptions to the latter for those working in shift patters in certain sectors.
Flexible, home and agile working clearly bring accessibility benefits for people who are disabled or when for example there is a religious reason, such as Ramadan, where flexible working would be beneficial. Also, those with caring responsibilities will benefit. This will affect a wide band of people.
Sexual harassment legislation
The duty to protect employees from sexual harassment came into force on October 26, 2024. Its intention is to strengthen the prevention of sexual harassment at work. While there are already preventions in force, the new duty to stop sexual harassment means employers will become liable for third-party harassment that takes place in the course of employment.
Other changes are that there will be protection for whistleblowers who report sexual harassment. Additionally, employers will need to reduce the risk of sexual harassment to make sure the workplace is safe and will have to create an action plan and educate the workforce as to what is and is not acceptable.
This suggests that employers must be proactive to stop sexual harassment happening in the workplace. There is no time to wait – a plan must be embedded straight away and the government wants to see a strategy in place. Responsibility now falls into individual responsibility and vicarious liability. Vicarious liability means that, by law, employers must do everything they reasonably can to protect staff from sexual harassment.
Employers have a duty of care to look after the wellbeing of their employees. If an employer does not do this, it could lead to a serious breach of an employee’s employment contract. And, if an employee feels they have no choice but to resign because of sexual harassment, the employer could face a claim of both sexual harassment and constructive dismissal.
Reporting changes
Other changes introduced make it mandatory for employers with more than 250 employees to report on ethnicity and disability pay gaps. If you are not already collecting the relevant data around this, you may wish to start collating data and putting processes in place. The government also wants to make it easier for disabled people and ethnic minorities to bring equal pay claims.
While pay gap reporting has been prioritised, there was no mention of the expected requirement for companies with more than 250 employees to develop a menopause action plan. The latter is not under consultation, either, so whether anything is brought in around menopause remains to be seen. Likewise, there was a suggestion of including a socio-economic duty in the Equality Act 2010 but this is not out for consultation either.
Clearly, a lot of changes have been introduced at once and caveats will be made, but while businesses can’t be sure if they will all become law, it is prudent to update practices where indicated. As well as those highlighted, FAIRER recommends businesses put menopause and socio-economic policies and strategies in place, something that many forward-thinking companies are already doing to support employees.
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