Mon 27 Jan 2025

Employment Law Round Up - February 2025

Our monthly employment law round up.

Employment Rights Bill Amendment increasing period for lodging tribunal claims to 6 months approved

The majority of amendments to the Employment Rights Bill set out in an Amendment Paper at the end of November 2025 have been approved during the Committee Stage of the Bill's passage through the House of Commons.  Significantly this includes the amendment increasing the time limits for lodging tribunal applications from three to six months. The Bill will now progress to the Report Stage where further amendments may be considered.

WEC recommend parental bereavement leave be widened to include pre-24-week pregnancy loss

The influential Women and Equalities Committee ("WEC") has published a report recommending parental bereavement leave be extended to include pregnancy loss before 24 weeks. Currently there is no statutory right to statutory leave in this scenario and although the Employment Rights Bill ("ERB") intends to broaden bereavement leave, it does not include this type of loss. The WEC also recommends that the UK Government works with organisations including the CIPD, TUC and Acas to promote the benefits of pre-24-week pregnancy loss policies and to ensure that staff are aware of them. The WEC intends to table amendments to the ERB to give effect to their recommendations.

Home Office updates its Guidance for Sponsors

Since we published our blog on clawback provisions, the Home Office have updated its Guidance for Sponsors to expressly prohibit employers passing on the cost of some costs associated with sponsoring an employee. These costs are the Sponsor Licence fee, associated administrative costs (including the priority fee) and the Certificate of Sponsorship fee for certificates assigned on or after 31 December 2024. For more on this see our updated blog on Clawback provisions: what are they and when can employers use them?

Proposed increase to Certificate of Sponsorship fee

Draft legislation was laid before Parliament on 16 January setting out proposed immigration fee increases. This includes increasing the certificate of sponsorship fee under the Skilled Worker route from £239 to £525. If approved by Parliament, the change would be introduced via an amendment to the Immigration and Nationality (Fees) Regulations 2018.

Plans to ban non-disclosure agreements in higher education resurrected

The UK Government has confirmed that it intends to bring into force section 1 of the Higher Education (Freedom of Speech) Act 2023. This legislation was made under the previous Conservative government and had been due to come into force in August 2024 until the Labour government put it on hold, following their general election victory. Section 1, which applies to further education providers in England only, includes a prohibition on the use of non-disclosure agreements with members, staff and students and visiting speakers in relation to complaints of sexual abuse, harassment or misconduct, or other bullying or harassment. However, other parts of the Act that the UK government do not believe to be proportionate or necessary will be amended or repealed. A policy paper setting out the detail of the UK government's approach will be produced but no timescale has been given.

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