BDBF'S 2021 Employment Law Tracker - August 2021 Update

AREA

WHAT'S THE CHANGE?

WHEN'S IT COMING INTO FORCE?

1.

Furlough scheme

Closure of the furlough scheme

The current phase of the Coronavirus Job Retention Scheme (aka furlough) began on 1 May 2021 and finishes on 30 September 2021, when the entire scheme will close. When the scheme ends, furloughed staff should either return to work or be made redundant.

You can read our detailed guide to the scheme here.

30 September 2021

2.

COVID-19

Compulsory vaccination of care home workers

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 will impose a legal requirement for care home workers in England to be fully vaccinated against COVID-19, unless they have a medical exemption. The last date for affected workers to get their first dose of the vaccine (so that they are fully vaccinated when the regulations come into force) is 16 September 2021. Guidance on the new rules is available here.

11 November 2021

3.

Whistleblowing

New EU directive on whistleblowing

This Directive introduces measures designed to protect those reporting certain breaches of EU law. The protection extends to employees, workers and other categories of individual such as contractors, shareholders, job applicants and former employees. The Directive requires employers with 50 or more employees to have internal whistleblowing procedures which offer a range of reporting mechanisms and also highlight that reports can be made externally. Employers will be required to provide feedback to the whistleblower about their internal investigation. There are also measures to protect whistleblowers from retaliation from the employer and colleagues.

EU Member States have until 17 December 2021 to transpose the Directive into national law.

It is not yet known whether the UK will introduce domestic legislation to align with the Directive.

4.

Working conditions

New EU Directive on transparent and predictable working conditions

This Directive introduces measures designed to protect vulnerable workers. The measures include:

• giving workers the right to receive a written statement of information concerning their working conditions from Day 1 of their engagement (including particular information where the work pattern is unpredictable);
• giving workers the right to request more predictable and secure working conditions after six months;
• banning probationary periods of more than six months save in exceptional circumstances; and
• banning exclusivity requirements, save in limited circumstances;

It is not yet known whether the UK will introduce domestic legislation to align with the Directive. However, UK law is already partially compliant with the Directive. The right for workers to receive a Day 1 written statement of particulars of employment came into force on 6 April 2020. Further, the Queen's Speech delivered in 2019 outlined plans to introduce a new Employment Bill which would include a right for all workers to request "a more predictable contract". Also, the Government is consulting on banning exclusivity clauses (see 19 below).

EU Member States have until 1 August 2022 to transpose the Directive into national law. Whether the UK will need to do this is yet to be determined.

It is not yet known whether the UK will introduce domestic legislation to align with the Directive.

The Employment Bill is yet to be published.

5.

Family-friendly

New EU Directive on work-life balance for parents and carers

This Directive includes measures designed to assist working parents and carers.

The measures include:

• giving fathers / co-parents a Day 1 right to take at least ten working days' paternity leave and, after six months' service, to receive pay for such leave;
• introducing a right to two months' paid parental leave per parent, which workers can take flexibly;
• introducing a right to one week's unpaid carer's leave; and
• extending the right to request flexible working to all working parents of children up to eight years old and to all carers.

It is not yet known whether the UK will introduce domestic legislation to align with the Directive. However, UK law is already substantially compliant with the Directive. We already have laws providing for paid paternity leave, shared parental leave and flexible working requests for all. However, some minor changes to these rights would be needed, and a right to carer's leave would have to be introduced. The Government has indicated that it intends to introduce a right to carer's leave (see 17 below).

It is not yet known whether the UK will introduce domestic legislation to align with the Directive.