Two new employment rights consultations open

These are:

Consultation One: Bereavement leave

The Government plans to introduce a statutory requirement to give employees unpaid bereavement leave (from Day One of employment). So, it wants to know what you think about:

• Who should be eligible for bereavement leave? (in terms of relationship to the deceased)
• What should the total duration of leave be? (e.g. one week, two weeks, or varied depending on the relationship)
• When and how such leave should be taken (e.g should it be taken in one block or could it be taken in units of one day? If spread out, over what period of time would be acceptable?)
• notice and evidence requirements
• the types of pregnancy loss that will be in scope and who should be eligible (e.g. should partners be eligible?)

Consultation Two: Enhanced protection from dismissal during pregnancy/return to work period

The Employment Rights Bill aims to give women greater protection against dismissal during pregnancy, maternity leave and for a period after returning to work (e.g. six months). This consultation seeks views on the circumstances in which it may be fair for employers to dismiss such employees during this time.

Dismissals because of, or for reasons connected with, pregnancy or maternity leave are already unlawful. The new proposals aim to take things a step further and mean that a pregnant woman or new mother could only be fairly dismissed in very narrow circumstances.

The Government wants to know in what circumstances dismissal could be considered fair. For example, it is considering:

• The ‘conduct’ requirement for fair dismissal could be narrowed, meaning that only in cases of gross misconduct would a dismissal be considered fair.
• ‘Redundancy’ dismissal only being possible when no viable roles are available and when there is a pressing financial need (i.e. the business is at risk of closure in the short term, general restructuring would not count)
• Removing ‘capability’ as a reason for fair dismissal entirely.

As any changes could be very impactful, the Government also wants to know what the unintended consequences might be. For example, will the changes…

• Increase discrimination by making employers more hesitant to hire women of childbearing age?
• Lead other employees to feel they are being treated unfairly?
• Cause employers to delay dismissal decisions until after protection period lapses?
• Have a negative effect on hiring generally?
• Heighten legal uncertainty, if avoid fair dismissal due to risk?
• Increase the administrative burden on employers?
• Impose unsustainable or unrealistic asks on small businesses?

Please contact Carys Davis at [email protected] if you would like to contribute to the consultations.