Possible changes to Employment Law in 2022

The Covid-19 pandemic has meant that some of the changes previously discussed have not yet been implemented, however, as we start to move out of the pandemic (which will hopefully be soon), these proposed changes may be revisited and come into force.

The following proposals have been made, but not yet implemented:

1. Mandatory Covid-19 Vaccination

As I am sure you will be aware from the 11 November 2021 anyone who works within a care home or is visiting a care home needs to have been fully vaccinated against the virus, unless they fall within one of the exemptions.

The government has undertaken a consultation on whether compulsory vaccination should also apply to frontline NHS staff and the wider social care sector. The response to this consultation has not yet been published, however, it seems likely that it will be extended into the sector with provisions being released in early 2022.

2. Gender Pay Gap Reporting

Since 2017 businesses with 250 employees or more have been required to publish an annual report on their gender pay gap. Due to the pandemic the timescales for providing the report were extended, however, if it believed that the dates will revert to normal in 2022, being as follows:

• 30 March 2022 for public sector organisations; and
• 4 April 2022 for private sector organisations.

3. Sexual Harassment in the Workplace

In 2019 the government launched a consultation on workplace sexual harassment, and their response was published on 21 July 2021.

The response confirms that it will introduce a duty on employers to prevent sexual harassment, and it will look at extending the current limitation date for submitting a claim under the Equality Act 2010 from 3 to 6 months.

It is not clear then the new duty will take effect, however, it is anticipated that draft legislation will be prepared in 2022.

4. Carer’s Leave

In September 2021, the government confirmed that it intends to implement carers leave. The leave will consist of one week’s unpaid leave for employees who have long-term caring responsibilities.

It is possible this could come into force in 2022.

5. Hospitality and Tips

The government has confirmed that employers in the hospitality sector will need to implement a policy on how tips will be distributed amongst employees. Again, it is possible that this change could be implemented in 2022.

6. Neonatal Leave and Pay

If this is introduced then parents of babies who require neonatal treatment will be able to take an additional week’s leave, up to a maximum of 12 weeks, for each week their child spends in neonatal care.

It is likely that employees will need to have been employed for 26 weeks and earn more than minimum pay threshold to be entitled to the leave.

These are just some of the proposals which have been raised recently, which have not yet been implemented and whilst not all may come into force in 2022 it’s a good idea to keep these  proposals in mind and look out for future editions of the newsletter for further updates.

If you have any queries on the above, please do not hesitate to contact myself or a member of the team on 01986 897003.