Tue 29 Jun 2021

July - what else is happening in employment law?

We look at what is happening in employment law away from the COVID-19 pandemic.

Legislation and Guidance

The UK Government has confirmed it intends to begin consulting on whether flexible working should become the default position unless there are good reasons not to.  This consultation was first mentioned in the Conservative party manifesto and then mentioned in the Queen's speech in December 2019 in the context of the Employment Bill.  However, there will be no legal right to work from home.

BEIS have launched a new online tool intended to make it easier for expectant parents to understand shared parental leave and pay.  The tool allows families to check their eligibility, what pay they can expect to receive and notify their employer.

The Modern Slavery Act 2015 has been criticised for being toothless when it comes to enforcing compliance.  A private member's bill - the Modern Slavery (Amendment) Bill - has been introduced in an attempt to remedy this. Proposals include prohibition of the falsification of slavery and human trafficking statements, establishment of minimum standards of transparency in supply chains and preventing companies using supply chains that fail to demonstrate the minimum standards.  It would also introduce criminal offences with the potential for custodial sentences and fines of up to 4% of annual global turnover, capped at £20m.

While it is rare for a private members bill to progress to the legislative books, the UK Government has previously indicated an intention to introduce financial penalties for failing to publish modern slavery statements (when parliamentary time allows) which may increase the prospects of this bill becoming an Act. It is though very unlikely that it will survive in its current form. 

News

The Supreme Court hearing of East of England Ambulance Trust v Flowers and others has been removed from the hearing list shortly before it was due to take place, apparently having settled.  The case concerned whether holiday pay should include regular voluntary overtime.  The Court of Appeal judgment that was being appealed by the Trust had found that the calculation of pay for holidays under the Working Time Directive should include regular voluntary overtime.

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