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Read more articles in: Amanda Hyam, Blog, Employment Law

New Employment Law reforms set to take place

Whilst Brexit may seem like old news, it is still having an impact on the laws in the UK.

Several Employment Laws set out by the European Union are due to expire at the end of this year, posing the potential for big changes for employers.

The Government has announced its plans on what it aims to maintain or amend.

Maintaining equality laws

It has been announced that the Equality Act 2010 will be reinstated before it expires, maintaining the same standards of discrimination protection as before.

This is to include the continuation of legal protections for mothers returning to work following maternity leave, avoiding any discrimination they could face.

It is also set to maintain the single source test, which was previously expected to be abolished or diluted. This legislation allows for the determination of equal pay claims between workers in different organisations.

The definition of disability is also due to be updated. In existing legislation, the current definition refers to the ability to carry out ‘day to day activities’. This will be updated to include a person’s ability to participate in working life on an equal basis to others.

Working Time Regulations

Currently, employers are required to maintain detailed records of workers’ daily working hours.

However, this is due to be removed.

Employers will still need to keep adequate records to comply with the Working Time Regulations however, this will not need to include each worker’s daily hours.

Changes to holiday pay

Whilst equality legislation is due to remain, the Government has announced changes to simplify annual leave and holiday pay calculations.

It is expected that calculations for holiday pay could return to the pro-rata method for zero-hour contracts and casual workers.

This means that employers can multiply the hours someone has worked by 12.07 per cent and then by the rate of holiday pay to determine how much they should be paid for annual leave.

Consultation requirements

Under existing legislation, Transfer of Undertakings (Protection of Employment) Regulations (TUPE) state that when undertaking a TUPE transfer, employers must always consult with employee representatives.

Under the new legislation, small businesses with less than 50 employees and businesses of any size undertaking a smaller TUPE transfer of less than 10 employees can consult directly with their employees.

However, this is only if their employees do not have worker representatives in place. If they do, then employers must still consult the representatives.

Maintaining the status quo

Although there are some changes, it is expected that the Government will maintain most of the existing legislation.

For employers, this means that most policies will not need to be updated.

However, even minor amendments to legislation can make an impact. If you are unsure of the upcoming changes to Employment Law, it is best to consult with a solicitor.

Get in touch with one of our experts today for advice on Employment Law.

Amanda Hyam

Senior Associate – Dispute Resolution / Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years.  I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.