Consultation on more employment law changes

Four proposed employment law changes are contained in a new consultation document issued by The Department for Business Innovation and Skills (BIS).  It is available online:   ‘Consultation on Modern Workplaces’

They include:  a system of flexible parental leave; a right for all employees to request flexible working; changes to the Working Time Regulations affecting the interaction of annual leave with sick leave and family-friendly leave; and measures to encourage equal pay for equal work between men and women.

 Flexible parental leave:

Subject to affordability, by 2015 to introduce a new system retaining 18 weeks’ maternity leave for mothers, and two weeks for fathers, but reclassifying the remaining maternity leave as ‘parental leave’ with each parent having exclusive use of four paid weeks’ leave, which will incentivise greater involvement by fathers in the early stages of a child’s life as it will be paid. The remainder of the parental leave could be taken by either mother, or father, or both together.  This would supersede current plans for additional paternity leave and pay

Also, to simplify the system, the proposed new parental leave provisions will incorporate the existing right to unpaid parental leave beyond the first year of the child’s life.  Parents would have a single right to unpaid parental leave which they can use from the end of maternity leave through their child’s early years, and which may be extended the beyond the existing limit of the child’s fifth birthday

 Flexible working

To extend the right to request flexible working to all employees, not just those with children under 17 (or 18 for parents of disabled children) and certain carers.

Working time regulations

Following recent judgements by the European Court of Justice on the Working Time regulations, changes to which will have to be implemented into UK law, personnel who become sick while on holiday will be able to reclaim their annual leave dates. Those on long-term sick leave will also be able to accrue holiday entitlement.

Equal Pay

The introduction of a duty for firms to carry out equal pay audits if they were found guilty of breaching equal pay legislation at an employment tribunal, unless it is not productive to do so.