Wed 28 Aug 2024

Employment Law Round Up - September 2024

Our monthly employment law round up.

Right to 4 day week may be strengthened

It has been widely reported that the UK Government is considering introducing enhanced rights for full-time workers to request to compress their working hours into 4 days.  That in itself is not a new right - such a request can be made under the statutory right to request flexible working regime.  It is not clear how any new or amended law will work, with current reports being speculative.  It remains to be seen whether anything of this nature will be included in the draft Employment Rights Bill which is due to be published within the first 100 days of Labour coming to power. 

Government meets unions and businesses as intention to deliver Make Work Pay Plan in full confirmed

The UK Government's manifesto pledge to fully consult with business, trade unions and civil society took its first step on 14 August with the Deputy PM and Business Secretary meeting with senior union and business representatives to discuss workers' rights. Further meetings and consultations are planned. During the same week, the UK Government also repeated their intention to fully deliver the proposals set out in Labour's Plan to Make Work pay. Speaking in response to a written question, Labour peer Baroness Jones of Whitchurch confirmed intentions to deliver measures through non-legislative and secondary legislative routes, as well as via the Employment Rights Bill that is to be introduced in the first 100 days of government.

UK Government expands Low Pay Commission remit for NMW and NLW recommendations

The Labour Government has updated the remit of the Low Pay Commission ("LPC") when recommending national living and national minimum wage ("NLW" and "NMW") rates. The LPC has been asked to make recommendations for the NLW rate to apply from April 2025 that take into account the cost of living, including expected annual trends in inflation. The Labour Government has also restated its long term pre-election aim of removing the different NMW and NLW age bands.  As a result, the LPC has also been asked to recommend a NMW rate for 18 to 20 year olds that will narrow the gap between that rate and the NLW.  The Labour Government's aim is to gradually achieve a single adult NLW rate through the year-by-year increases to this rate.  The LPC will continue to also make recommendations for the under 18 and apprentice rates and the accommodation offset rate.

Trade Union Act 2016 to be repealed

A number of media outlets have reported that the Trade Union Act 2016 is to be repealed. That Act, introduced by the last Conservative Government, introduced higher thresholds for unions to meet before being able to take lawful industrial action. It is believed that legislation to repeal the Act will be introduced within the Labour Government's first 100 days of office.

Strikes (Minimum Service Levels) Act 2024

The UK Government issued a press release in August confirming, as expected, that the Strikes (Minimum Service Levels) Act 2023 is to be repeated, although it is not clear exactly when. The Act is to be repealed via the Employment Rights Bill which will be introduced during the first 100 days of the new Government. Although Regulations had been put in place covering a number of public sector services, to date no employer has actually used them.

Privacy notice generator introduced for SMEs

The ICO have replaced their privacy notice template with a "quick and easy" generator to help SMEs, sole traders and start-ups create a bespoke privacy notice. The tool - Create your own privacy notice - is for those working in professional services, education and childcare, health and social care, charity and voluntary sector and other businesses including retail and manufacture.

CIPD publishes advice for employers during times of unrest

Following the recent widespread unrest across parts of the country in recent weeks, the CIPD has published Standing against violence and discrimination - Employer advice during times of unrest. The advice, which was contained in a short press release, covers both supporting staff and dealing with employees who are directly involved in the rioting.

EHRC report on racial discrimination in Great Britain published

A report on racial discrimination in Great Britain, prepared by the Equality and Human Rights Commission ("EHRC") for the United Nations Committee for the Elimination of all forms of Racial Discrimination, was published in early August. The report includes statistics on issues like employment rates, pay gaps and insecure employment in a number of different racial groups. Continuing a fairly long term trend, the report shows that Pakistani and Bangladeshi groups had the largest pay gap when compared to white British workers, and the same two groups along with Black groups, had the highest unemployment rates in Britain. Ethnic minority workers were also more likely to be in insecure employment. The EHRC has made recommendations to the UK and Welsh Governments on how to resolve the disparities.

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