As many employers are already aware, there are various consultations underway in respect of the numerous reforms proposed to the existing employment law framework in the UK. These reforms aim to provide greater support and protection to employees, particularly in relation to their family and personal responsibilities. Employers must take proactive steps to prepare for these changes, ensuring compliance with new requirements and supporting their workforce effectively. The forthcoming Employment Bill, expected to come into effect from April next year, will introduce a range of changes designed to improve work-life balance, enhance flexibility and provide employees with increased security in times of personal hardship. This article explores some of the proposed enhancements to family-friendly rights, including changes to flexible working arrangements, bereavement leave and family leave entitlements. Flexible working Existing flexible working rights allow employees to request changes to the company’s standard working hours/location etc. Often this is used by employees who have dependants they need to support. For example, working parents may make a request to start work later on certain days to give them the flexibility to do the school run or perhaps to work from home on those days. Whilst the right to make a flexible working request is an existing day-one right, the new rules will impose a further requirement on employers when deciding whether they can lawfully reject any flexible working requests in the future. Under the proposed changes, employers will not only have to identify which of the existing statutory reasons on which it would be lawful to reject a request and on which they rely but will also have to ensure that the decision to reject was one which was ‘reasonable’. This change is expected to have a significant impact on employers’ decision-making processes when considering such requests. To lawfully reject a request, they will have to be able to give evidence and explain the rationale behind such a decision to ensure that the test for reasonableness has been met. This is a much stiffer test than the existing arrangement. Employers should ensure that managers are trained in handling these requests and that there is clear documentation of the decision-making process to demonstrate compliance. Bereavement leave The existing regulations provide employees with 2 weeks’ parental bereavement leave following the death of a child under 18 years old (or a stillbirth). The reforms are expected to provide for a more general ‘bereavement leave’ category, which will apply to the loss of a wider group of persons, though we are still awaiting confirmation of who will be in the wider group to whom this will apply. Once the Government concludes their consultations on this proposal and announces the changes, employers will need to review and update their policies to ensure they align with the new legislation. Family leave Currently, employees must work for an employer for 26 weeks before they are eligible for paternity leave and for a year before they are eligible for unpaid parental leave. The proposed reforms would involve designating both these rights as a day-one right for employees. Employers should prepare for this shift by updating their internal policies and ensuring that HR systems are equipped to process these entitlements from an employee’s first day of work. Conclusion By ensuring greater flexibility, enhancing bereavement leave provisions and making family leave entitlements more accessible from day one of employment, these reforms seek to empower employees and promote a better work-life balance. Employers must take a proactive approach to these changes by reviewing their existing policies, updating employment contracts and ensuring compliance with the new legal requirements. Training HR teams, communicating changes effectively to employees and establishing a framework for handling flexible working requests will be key in navigating these new obligations. How can Morr & Co help? If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Employment team on 01737 854500 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Mel McCrum Partner, Head of Department Message Tags Insights Corporate Insights On this page Contact our team today to find out more Contact Us
