Bills & proposals

What's coming?

The Office of the Whistleblower Bill

The Office of the Whistleblower Bill was put forward to parliament in December 2024. The Bill proposes to establish an independent Office of the Whistleblower to protect whistleblowers.

It will set, monitor and enforce standards for the management of whistleblowing cases, provide disclosure and advice services, direct whistleblowing investigations, and order redress of detriment suffered by whistleblowers.

By having this office in place, the Bill also proposes that it will be a designated body to which people can report when they have made a disclosure. The Bill will need to go through the full parliamentary process before becoming law.

The Court of Appeal is considering whether whistleblowing protections should be extended to apply to external job applicants.

The legal challenge has been raised by the whistleblowing charity Protect, which has filed a third-party intervention at the Court of Appeal after it was given permission to intervene in the case.

The current scope of whistleblowing law doesn't cover external job applicants other than those applying to the NHS, who are protected by the Employment Rights Act 1996 if they make a protected disclosure.

Protect highlights that job applicants who blow the whistle risk being blacklisted and can be effectively excluded from working in their chosen field.

Amended Employment Rights Bill makes progress

The Employment Rights Bill is progressing towards becoming law after its introduction in Parliament on 10 October 2024.

The Bill has now been amended following the completion of the committee stage in the House of Commons.

One of the most significant changes for employers is the Government's proposal to extend the time limit for Employment Tribunal claims from three months to six months.

Currently, most claims, including those for unfair dismissal, must be submitted within three months. If this change becomes law, it could have a broad impact on businesses, as claimants will have more time to decide whether to pursue a claim.

Additionally, it’s worth noting that on average, once a claim is submitted, it can take up to a year or more for the case to be heard at an Employment Tribunal.

If the time limit for bringing a claim is extended to six months, there runs a risk that the waiting time for hearings could increase further. This could result in challenges, such as witnesses' memories fading over time, which may affect the outcome of the case.

With these proposed changes, employers will need to consider the broader implications for workforce management, risk mitigation, and HR processes.

However, the extension of tribunal time limits is just one of several significant updates to the Employment Rights Bill.

Amended Employment Rights Bill (continued)

Since its initial release as a 153-page document, the Employment Rights Bill has seen an additional 53 pages of amendments.

Here are some of the most notable amendments that could reshape employer responsibilities moving forward.

Definition of the ‘initial period of employment’

The "day one" right for unfair dismissal will apply to an employment period of 3 to 9 months, with exact details to be defined in future regulations.

Provisions for workers without guaranteed hours

New rules clarify payments for shifts cancelled, moved, or reduced at short notice. Tribunals will have discretion over awards based on the seriousness of the situation.

Extending the definition of “matters related to gender equality”

The definition now includes menstrual problems and disorders. Employers may be required to create equality action plans under separate regulations.

Trade union access to workplaces

This right is clarified as not applying to workplaces that are also dwellings.

Non-Disclosure Agreements (NDAs)

A proposed clause would render NDAs null and void if they prevent workers from disclosing harassment, including sexual harassment.

£240 million towards the biggest reforms in 50 years

Following the unveiling of the Employment Rights Bill in October, the government reinforced its commitment to "make work pay" with the release of the Get Britain Working White Paper on 26 November 2024.

Described as the most significant reform in a generation, the plan commits £240 million to achieving an ambitious target: an 80% employment rate.

With over 9 million people in the UK economically inactive – 2.8 million of them due to long-term sickness – and growing concerns about unemployment and health issues among 18-24-year-olds, the need for drastic action is clear.

Key initiatives of the £240 million investment

Transforming Jobcentres (£55 million)

Creating a new national service focused on skills and career coaching rather than benefits.

Fixing the NHS

Reducing waiting lists by employing more staff in critical areas, prioritising preventative care, and improving access to mental health support.

Growth and skills levy (£40 million)

Revamping the Apprenticeship Levy to deliver a “Youth Guarantee,” ensuring every young person has access to training and education to develop essential skills for work.

Youth "trailblazer" areas (£45 million)

Targeting regions with high economic inactivity by funding initiatives to identify at-risk individuals and connect them with opportunities to prevent unemployment and education dropouts.

Employing and retaining people with disabilities

Collaborating with employers to create financial independence for individuals with disabilities and reduce the growing benefits bill.

Modernising DWP services (£55 million)

Investing in testing and digital design to make services more accessible and bring them online.

Worker Protection (Amendment of Equality 2010) Act

The following practical steps illustrate actions you can take to prevent and address sexual harassment in the workplace.

While not exhaustive, implementing these steps can help you take positive action:

Develop an effective anti-harassment policy. Contact our Moorepay Consultancy team for assistance.
Engage your staff.
Assess and mitigate risks in your workplace by conducting risk assessments.
Establish reporting mechanisms, ensuring all employees are aware of, and feel comfortable using them.
Provide regular training to all, including management training on how to deal with complaints of sexual harassment.
Respond appropriately to harassment complaints and investigate thoroughly.
Address harassment by third parties.
Monitor and evaluate your actions.

Worker Protection (Amendment of Equality 2010) Act

The Equality and Human Rights Commission (EHRC) issued technical guidance for employers following the enactment of the Worker Protection (Amendment of Equality Act 2010) Act that came into effect
on 26 October 2024.

This Act introduced a new legal duty for employers to take reasonable steps to prevent sexual harassment of their workers, known as the ‘preventative duty’. Previously, there was no proactive legal obligation for employers to prevent sexual harassment at work.

Given the significant impact sexual harassment can have on an individual’s career, mental, and physical health, it was found that employers were not adequately addressing these concerns. The updated law is a welcome addition in the fight against sexual harassment.

The Act also allows for increased compensation in sexual harassment claims.

If an employment tribunal finds that a worker has been sexually harassed, it must consider whether the preventative duty was met. If not, the employer can be ordered to pay up to an additional 25% in compensation.

The legislation also empowers the EHRC to take enforcement action against organisations that fail to take reasonable steps to prevent sexual harassment, regardless of whether an incident has occurred.

Worker Protection (Amendment of Equality 2010) Act

The law doesn't outline specific steps that employers must take, allowing for flexibility in how each organisation addresses the issue.

However, recent guidance highlights the importance of conducting a risk assessment and reinforces that all employers are obligated to take action – no organisation is exempt from this preventative duty.

The new guidelines emphasise preventing sexual harassment from any perpetrator, whether a colleague or a third-party contractor.

Need help with risk assessments or management training?

Our expert HR services include comprehensive risk assessments and tailored management training to help you stay compliant and prepared. Let us support you in building a safer, more efficient workplace. Get in touch today to learn more.

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Neonatal Care (Leave and Pay) Act

The Neonatal Care (Leave and Pay) Act 2023 gained Royal Assent on 24 May 2023

The act creates a statutory right for parents whose child is receiving neonatal care to take paid leave of up to 12 weeks. It applies where a baby receives neonatal care for more than 7 days in a row in the first 28 days of life.

During neonatal care leave, it’s expected to be the case that eligible employees will retain the benefit of their terms and conditions of employment (excluding remuneration) which would have been applied if it wasn't for the absence, and remain bound by any obligations arising from the same.

They also retain the right to return to a job of a prescribed kind and enjoy the same protection as that afforded to parents exercising other family friendly entitlements (i.e. not to be subject to a detriment or discrimination arising from them taking, or seeking to take, neonatal care leave). The notice requirements are yet to be determined.

‘Neonatal Care’ is considered to mean medical or palliative care starting before the end of 28 days beginning the day after the date of the child’s birth.

Secondary legislation is needed here, and implementation is not predicted until April 2025. It’s expected that such criteria will mirror the conditions in place for other family-friendly entitlements, with neonatal pay aligning with other statutory payments for employees with 26 weeks service.

Want to learn more?

Watch this essential webinar to understand what this change means for your business and how you can best support your employees during such a critical time.

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New law on tipping workers

The new Tips Law and Code of Practice came into effect on 1 October 2024.

The new statutory Code of Practice on Fair and Transparent Distribution of Tips came into force on 1 October 2024.
This means that from this date, all qualifying tips will need to be fairly allocated to staff, including agency workers.
The Act provides that employers are required to have a written tipping policy when qualifying tips are paid at or are attributable to a place of business on more than an occasional and exceptional basis.
Affected employers will need to set out how tips are accepted, how tips are allocated and distributed and what steps the employer takes to ensure that tips are handled fairly and transparently.
A statutory Code of Practice was published on 29 July 2024, enabling workers to apply to an Employment Tribunal if they believe their rights have been breached. Tribunals are required to take the Code into account.
The Employment Rights Bill requires employers to maintain a written tipping policy, consult with workers when creating or updating it, and review the policy at least once every three years.