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The Neonatal Care Leave and Pay Act 2023 comes into force on 6 April 2025. Are you ready?

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There will be a new statutory right to neonatal care leave, and in some cases, pay for parents of premature or seriously ill babies that are born on or after the 6 April 2025. So how are you going to practically implement these changes in your organisation?

Why has this Act been introduced?

According to the charity Bliss, one in seven babies born in the UK receive neonatal care, which is approximately 90,000 per year. The average stay in neonatal care is seven days, but the length of stay can vary significantly depending on how early the baby is born and where babies are born at up to 27 weeks of gestation, the average stay can be as long as 92 days.

What should employers be aware of?

The new legislation will only be eligible when a baby remains in neonatal care for at least 7 consecutive days, so is only likely to be taken by parents of premature babies and those requiring complex medical care.

Neonatal care is defined as medical care provided to a baby after birth in specific settings, such as medical care provided in a hospital. The regulations also clarify that routine post-natal check-ups and general health monitoring are not covered under the Act.

In summary, the new Act will consider the right to leave and the right to pay separately. This means employers will need to be clear on eligibility rules for any staff who request the leave and pay.

  • Neonatal care leave is a day-one right, which means any employee will be eligible regardless of length of service or earnings. This means that if the employee’s baby meets the above eligibility (i.e. remains in neonatal care for seven consecutive days), then an employee can take up to 12 weeks of leave in addition to any other family friendly leave entitlements.
  • Neonatal care pay is subject to length of service and earnings qualifying criteria.

With this in mind, employers will need to be mindful of how to discuss this with employees who may not realise that they may not be entitled to both.

Neonatal care leave

As stated above, eligibility for leave is when the employee’s baby remains in neonatal care for seven consecutive days. In this case, the employee can take up to 12 weeks of leave and this is in addition to any other family friendly leave entitlements. Further criteria are as follows:

  • The seven consecutive days requirement of neonatal care must be immediately after the birth and fall within the first 28 days of life
  • Leave cannot be taken for the first week of care and the leave is accrued in arrears
  • The leave must be taken within 68 weeks of the baby’s birth.

The above is useful to think about when considering how other periods of leave could be taken at this time, e.g. paternity leave could be taken before neonatal care is.

The leave is available for birth parents, intended parents in surrogacy arrangements, adoptive parents and partners.

The leave has been divided into two tiers which specify when the leave can be taken and the associated notice requirements:

  • Tier 1 applies when the baby is still receiving neonatal care. It can be taken in non-consecutive blocks. Employees need to advise their manager before their first day of Neonatal care leave, or as soon as reasonably practical
  • Tier 2 will apply after the baby has been discharged from neonatal care, and needs to be taken in one continuous block. Employees need to give at least 15 days’ notice to take a single week, or 28 days’ notice for two or more consecutive weeks- although employers could decide to waive the statutory notice requirements.

Neonatal pay

To be eligible for pay as well as leave, employees must have at least 26 weeks’ continuous service at the ‘relevant week’, which is the week preceding the 14th week before the estimated week of childbirth, or the week when the adopter is notified of the match. They must also earn at or above the lower earnings limit.

Employees can receive up to 12 weeks of pay, depending on how long their baby remains in neonatal care. The pay is set at the statutory rate or 90% of average weekly earnings, whichever is lower.

Further guidance

The government is planning to publish guidance to support both employers and employees in understanding the new right to neonatal care leave and pay.  At the time of writing, this guidance is expected before the end of March, so do watch out for further updates.

If you would like to discuss the new requirements further, please contact Rachel Walker in our team on 07392 090 890.

April marks Stress Awareness Month – an ideal time to reflect on the well-being of your employees

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Stress is as prevalent as ever in today’s workplace, significantly impacting overall productivity, morale, and even the long-term success of the organisation. So, are you doing enough to support your employees?

The impact of stress

Many of us will know that stress is a natural response to the demands and pressures of life, but when it becomes chronic or overwhelming, it can lead to burnout, anxiety, and depression. According to the Health and Safety Executive (HSE) statistics for 2023/24, 776,000 employees suffered from work-related stress, depression or anxiety. This of course does not include those suffering with non-work related stress, managing busy personal lives as well as work or other commitments.   

Stress affects every aspect of an employee’s performance, from their ability to focus, to their level of engagement and overall satisfaction at work. Beyond individual health concerns, the ripple effect of stress on a team can manifest as absenteeism, attrition, and decreased productivity.

What can employers do to minimise stress for employees

While recognising the symptoms and impacts of stress is important, employers need to take proactive steps to create a supportive work environment and help employees manage stress before it becomes overwhelming. Here are some key strategies:

  • Educate employees on stress management: as well as written resources, consider running  workshops, drop-in cafes, training sessions on specific coping strategies such as mindfulness and time management.
  • Promote open conversations and mental health support: creating an environment where employees feel comfortable discussing their stress and mental health challenges is crucial in reducing the stigma around seeking help and making employees feel more confident in reaching out when needed. Encourage managers to check in with their teams regularly in their 1:1s and offer a supportive ear. If the organisation has an Employee Assistance Programmes (EAPs), signpost staff to any resources that could help such as CBT or counselling.
  • Foster a healthy work-life balance: finding the balance between work and personal lives can be a struggle for many employees. Offering flexible work options, such as remote work or flexible hours, can greatly reduce stress by allowing employees to manage their time more effectively. Encourage employees to take breaks throughout the day to recharge, and discourage a culture of overwork, where employees feel obligated to work beyond their normal hours or be available on their non-working days.  Employers should model healthy work-life balance behaviours avoiding after-hours emails or communications unless absolutely necessary.
  • Create a positive work environment: foster a culture of recognition, inclusivity, and support, where employees feel valued and appreciated. Regular recognition of employees’ hard work can boost morale and motivate individuals to perform at their best. The physical work environment is equally important – adequate lighting, ergonomic furniture, and access to spaces for relaxation can all have a significant impact on stress reduction. Small changes to the physical environment can create a more calming and conducive atmosphere for productivity.
  • Provide opportunities for employee engagement: Engaged employees are less likely to experience chronic stress. Offering opportunities for employees to engage in team-building activities, professional development and volunteering can help create a sense of purpose and belonging. These activities not only promote connection between employees but also offer a break from the routine pressures of the workplace.
  • Monitor workloads and set realistic expectations: overwhelming workloads and unrealistic expectations are among the primary sources of work-related stress. Consider implementing a system for monitoring work levels and providing support when necessary. Managers should be trained to spot signs of employee burnout and take appropriate steps to distribute tasks evenly, offer assistance, or adjust deadlines.
  • Encourage physical activity and wellness programmes: physical health is directly linked to mental well-being. Encourage employees to participate in wellness programmes, such as fitness challenges, yoga sessions, or access to gym memberships. Physical activity can greatly reduce stress and improve overall health, leading to greater productivity and fewer sick days.

External resources

Organisations such as Mind, Stress Management Society and Mental Health Foundation all offer useful advice and guidance for employees on managing their stress.  Signposting to external agencies can be helpful in encouraging staff to take an active role in managing their stress.

Stress Awareness Month is a timely reminder that employee wellbeing is essential to the success of any organisation. But it’s not a one-off activity.  It should be part of ongoing communication with staff on managing their mental wellbeing, educating them on the risks of stress, encouraging self-reflection, providing a safe environment to share if they’re struggling, and providing the tools and resources for them to manage and mitigate the impacts of stress. By taking a continuous and proactive approach,  employers can build a resilient and engaged workforce.

If you’re looking for tailored strategies, support or guidance in managing stress in your organisation please contact Helen Couchman in our team on 07799 901 669.

The Employment Rights Bill and miscarriage leave: keeping up with the latest developments

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We continue to see changes to the Employment Rights Bill (ERB) with four amendments in just nine days. One such amendment is the inclusion of early pregnancy loss in bereavement rights.

Currently, employees who have lost a child under 18 years old or experience a stillbirth after 24 weeks of pregnancy have a right to two weeks’ paid bereavement leave. The proposed amendments would extend this right to employees who have experienced pregnancy loss as the result of a miscarriage, ectopic pregnancy, molar pregnancy or termination, or an unsuccessful attempt at in vitro fertilisation as a result of embryo transfer loss. Whilst this amendment is not as far reaching as those requested by the Women and Equalities Committee (WEC) which had recommended the law be changed to bring early pregnancy loss in line with existing provisions for baby loss after 24 weeks, it is seen as a positive step by government to recognise the need for all those suffering any form of pregnancy loss.

Development of the ERB

Coming back to the progress of the ERB, the good news is that it has just had its third reading and that should hopefully mean that the amended ERB will be published soon, meaning we will be able to take a breath and be able to consider the whole document.

We don’t yet have a clear idea of when it will come into law (i.e. when it will become the Employment Rights Act – we assume that will be the name) but if the Bill progresses at normal speed, the Bill should receive Royal Assent (which is when the King signs it) before Parliament breaks for the summer in July. That doesn’t mean it will come into force on that date. Once an Act has received Royal Assent, parts of what will then be the Act will come into force on different dates from then onwards.

There has been some speculation amongst legal commentators about when parts of the ERB will come into force. One commentator quoting his “source”, has said that the sections of the ERB that will abolish the ability to fire and rehire (which is likely to have a massive impact) will become law in October 2025, but other commentators are saying that it’s more likely to happen in Autumn 2026. The reality is we will have to wait to get that further clarity.

If you would like to see what’s in the current ERB and what the changes are, please take a look at the recent update prepared by our colleagues at VWV.

Whilst a plan of action seems impossible in the face of so much uncertainty, employers will need to prepare themselves for the changes when they come in, because they will amount to a significant change. We will continue to provide you with updates as and when detail arises and will also consider the likely practical impact of key sections in our regular editions of Spotlight.

If you would like to discuss how you can prepare for the ERB and its proposed amendments, please contact Simon Martin in our team on 07384 813 076.

Managing collective consultations 

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Collective consultations will be familiar territory for many employers, whether they are seeking to make distinct changes to terms and conditions or are looking to implement wider scale structural changes.

We don’t have to look too far to recall employers who have failed to fulfil their obligations when it comes to running these types of consultations.

We know this is a very current topic for many – at our recent HR Club where we gave practical advice on handling consultations, the vast majority of attendees told us they were planning to do a collective consultation within the next 6 months, and expressed concerns and worries about getting the process right. So in this article we want to share some practical tips on how to handle collective consultations successfully.  

What is consultation and what are employers obliged to do?

The law requires that employers are obliged to consult with employee representatives if they are planning to dismiss 20 or more employees in a 90 day period if the reasons for those dismissals are because of redundancy or if the employer is proposing to terminate and re-engage employees.

There is a list specific information that needs to be provided in writing to employee representatives and then the law requires that the consultation should be on ways of:

  • Avoiding the dismissals
  • Reducing the number of employees to be dismissed
  • Mitigating the consequences of the dismissals.

How to get the process right 

Appreciating the legal context is only one part of the process however and often it is these other factors that employers don’t always consider. Below we have summarised the main points of our advice and best practice when doing consultations:

  • Engage in the process in good faith and with empathy
  • Understand your legal obligations – and consider legal advice
  • Prepare thoroughly before you begin, including by preparing key people
  • Have a clear business case for the proposal so that you can explain it to the employee representatives, prepare a timeline for the consultation, and prepare a meeting plan for each consultation meeting
  • Allow sufficient time for the process, and plan for the unexpected
  • Plan meetings and communications carefully
  • Give appropriate support to reps and manage relationships carefully
  • Be prepared to accept proposals that are made, and to give clear reasons where you don’t accept.

Getting the right support during a consultation can be a perfect solution to ensuring you manage the process effectively.  At Narrow Quay HR we have assisted a number of clients with their collective consultations – for reasons such as redundancies, changes to terms and conditions (including for independent school clients with possible changes to the Teachers’ Pension Scheme). We can support by providing scripts for consultation meetings, briefing relevant participants, training employee representatives, note taking and even chairing consultation meetings.

If you have a consultation in the pipeline and would like to discuss how we can assist you then please get in touch.  Or if you’d like to receive the recording of our HR club on consultation, please contact Simon Martin in our team on 07384 813 076.

What is the ‘Great Detachment’ and what can employers do about it?

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Workers are increasingly viewing their jobs as purely transactional, resulting in a growing risk of disengagement and limited discretionary effort. With low engagement estimated to cost the UK £257 billion annually, the ‘Great Detachment’ poses a very real threat to organisations which they cannot afford to ignore.

What is the ‘Great Detachment’?

At its core, the ‘Great Detachment’ is characterised by a noticeable decline in how central work is to employees’ lives. In their 2024 survey, Gallup data indicated that only 31% of employees are actively engaged at work, with the remaining 69% being either “quiet quitters”—doing only the bare minimum—or actively disengaged.

The 2024 Chartered Institute of Personnel and Development (CIPD) Good Work Index seems to echo these findings. Their results highlight a significant rise in the number of employees who view work as nothing more than a way to earn money, with nearly half of respondents (47%) expressing this sentiment in 2024 compared to 36% in 2019. Discretionary effort—employees’ willingness to go above and beyond—is another critical measure, remaining stagnant at 51% since 2023, far below the 57% recorded pre-pandemic level.

This shift appears to relate to several pandemic-era experiences: remote working blurred the boundaries between work and personal life, leading many employees to reassess their priorities. Additionally, the uncertainty and upheaval of the last few years created heightened levels of stress for many, with the result that many individuals are prioritising mental health and wellbeing over professional ambition.

What are the risks to employers?

Unlike the ‘Great Resignation’ where new job opportunities seemed to be plentiful, our economy has slowed, and with it, recruitment. For employers, that means those employees who would have taken their dissatisfaction elsewhere, are now staying put. Employees who are not motivated or are less committed, are likely to be less productive and possibly even underperforming. Combined with rising levels of burnout and dissatisfaction with mental and physical wellbeing at work, employers face a potential downward spiral of mediocre performance and diminished workplace morale.

What can employers do?

Whilst the prospect looks bleak, there are some steps employers can take to tackle demotivation and disengagement:

  • Align individual contribution with organisation goals: employees are more likely to be engaged when they feel a sense of purpose in their work and can see how they contribute to the company’s broader mission. This is more than simply sharing colourful company mission and strategy illustrations however. It is about line managers entering into meaningful conversations with employees to explore and agree how individual outcomes deliver into the wider organisational objectives.
  • Make employee wellbeing a priority: it’s clear from the surveys above, that many workers still experience negative effects of work on their mental and physical health. Many employers already offer wellbeing initiatives but it might be time to review those offerings to ensure they still meet employees’ needs. Develop these in discussion with staff to make sure are relevant and make sure those offerings include a focus on offering mental health support.
  • Career Development: a clear path for growth can re-engage employees who feel stagnant in their roles. Line managers have a critical role to play in this by holding meaningful discussions with employees to really understand their career aspirations and consider what further training and upskilling opportunities are available.
  • Role empowerment: micromanaging staff and limiting their opportunities for self-management rarely leads to satisfied employees who are willing to go the extra mile. Instead, promote a culture of trust and collaboration by empowering employees to make decisions about their work.
  • Recognition and reward: this of course includes ensuring suitable financial reward, but it is also about seeking other opportunities to acknowledge and celebrate employees’ achievements – whether that’s team ‘shout-outs’, thank-you cards or more formal recognition schemes.

Many organisations are facing challenging economic pressures, with increasing customer expectations having to be delivered with ever-tightening budgets. It’s therefore never been more important to ensure that the workforce who help to deliver on those expectations are as productive as possible and remain with you, even when the jobs market becomes more buoyant. By taking action now to counter dissatisfaction and disengagement, employers can help foster a more productive workforce, increase engagement, employee satisfaction and retention.

If you would like our help to review your approaches to employee engagement, please contact Sue Meehan Boyes in our team on 07384 468 797.

‘Back to the office’ – striking the balance between business needs and employee expectations in 2025

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The return-to-office debate continues to dominate conversations, as organisations seek to balance operational goals with the evolving expectations of their workforce.

While many business leaders are advocating for greater office attendance to enhance collaboration, culture, and productivity, employees remain steadfast in their preference for flexibility. In this article, we look at how organisations can navigate these competing priorities effectively.

Contrasting views between employers and employees

Insights from KPMG’s 2024 CEO Outlook reveal a growing push for in-office work, with 83% of UK CEOs expecting a full return to office-based working within the next three years, up from 64% in 2023. This outlook however contrasts sharply with employee sentiments. According to the same report, 69% of employees would consider changing jobs if mandated to spend more time in the office. This growing disconnect highlights the need for organisations to carefully manage the return-to-office transition to avoid disengagement and possible talent loss.

How can organisations achieve the right balance?

The key is to create a thoughtful, evidence-based workplace strategy that considers both organisational success and employee satisfaction. By addressing the following considerations, businesses can craft an approach that effectively balances flexibility and office attendance:

  1. Define the Purpose of Office Attendance
    Office time should serve a clear purpose. Organisations should focus on activities that benefit most from face-to-face interaction, such as team building, collaborative brainstorming, and strategic planning. Employees are more likely to embrace in-office attendance when they see its tangible value.
  2. Tailor Hybrid Policies to Business Goals
    Hybrid working policies should be aligned with an organisation’s operational needs. For some, this may involve setting specific office days for certain teams or functions, while others may opt for project-based in-office schedules. A one-size-fits-all approach is rarely effective.
  3. Foster Connection and Culture
    A thriving workplace culture doesn’t happen by chance. Business leaders and line managers should use in-office time to strengthen shared values, foster connection, and ensure employees feel aligned with the organisation’s mission. Intentional efforts to build culture, both in-person and virtually, are essential.
  4. Maintain Inclusivity Across Roles
    Not all roles lend themselves to remote working, which can create disparities. Flexible options such as staggered shifts, adjusted hours, or on-site wellness initiatives can ensure that all employees – whether office-based or remote – feel supported and valued.
  5. Engage Employees in Policy Design
    Employees are more likely to support new policies when they have a voice in shaping them. Open communication and regular feedback loops allow businesses to understand employee needs and address concerns while maintaining alignment with organisational goals.

By combining clarity, purpose, and inclusivity, organisations can develop balanced workplace strategies that foster collaboration, enhance productivity, and retain top talent.

If you require support with navigating the complexities of workplace strategy, discussions around increased office attendance, refining hybrid workplace policies, or enhancing workplace culture, please contact Megan Britz in our team on 07468 698957.

Employment Law – what’s coming up in 2025?

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The publication of the Employment Rights Bill last October highlighted significant changes coming to UK employment law. Whilst many of these reforms are not anticipated to take effect until 2026, this article highlights key changes to be aware of during 2025.

Protective awards and compensation uplifts – failure to properly consult

From 20 January 2025, Employment Tribunals will be able to increase the protective awards (compensation payments) by up to 25% when an employer has failed to comply with the statutory Code of Practice on dismissal and re-engagement. When an employer is carrying out a collective redundancy programme involving 20 or more employees, it has a duty to consult in a meaningful way. If an employer fails to properly consult, this new legislation could have a significant increase in costs, adding a potential 25% uplift to the existing 90 days’ gross pay per affected employee.

When planning redundancies or changes to terms and conditions, employers should review their consultation procedures to ensure that they meet the requirements, and seek further advice if concerned. We will be discussing this in further detail at our next HR Club on 13 February. If you would like to find out more, please book your place here.

Changes to pay from April 2025

There are several changes to different elements of pay due to be introduced from April 2025:

National Minimum Wage and National Living Wage increases from 1 April

  • Ages 21 and over: £12.21 per hour (6.7% increase)
  • Ages 18-20: £10.00 per hour (16.3% increase)
  • Ages 16-17 and apprentices: £7.55 per hour (18% increase)

National Insurance Contributions (NICs) – from 6 April

  • A rise in the secondary Class 1 NIC rate from 13.8% to 15%.
  • A reduction in the secondary NIC threshold from £9,000 to £5,000, making more earnings subject to NIC.
  • There will also be an increase in the Employment Allowance from £5,000 to £10,500, which will provide some relief for smaller employers.

Statutory payments

  • Statutory sick pay (SSP) will rise from £116.75 to £118.75 per week.
  • Statutory maternity pay, maternity allowance, statutory adoption pay, statutory paternity pay, statutory shared parental pay and statutory parental bereavement pay will rise from £184.03 to £187.18 per week.

Employers need to be aware of these changes, to allow sufficient time to amend payroll systems and when planning salaries during recruitment. Changes to NICs will lead to increased payroll costs, especially for employers where more employees will now earn above the reduced threshold.

These changes may also mean you need to review pay structures, as there could be less of a gap between entry level roles and management level roles.

Broadening of family-friendly legislation

HMRC guidance suggests that it is likely that the Neonatal Care (Leave and Pay) Act 2023will come into effect from April 2025. This will grant parents up to 12 weeks’ leave and statutory pay when their baby requires neonatal care. This will be a day-one right and will be in addition to existing parental leave rights.

The Paternity Leave (Bereavement) Act 2024 is also expected to be introduced in April 2025, which will provide bereaved partners a legal right from day one to leave if the mother or adoptive parent passes away. This will remove the 26-week minimum service requirement.

Although we are awaiting finer details and guidance on the above, employers can be aware of the likely changes when updating family leave policies. They could also consider any further support and guidance for managers around holding sensitive conversations when dealing with any employees impacted.

Other changes on the horizon

2025 could see the publication of the Government’s Draft Equality (Race and Disability) Bill for consultation, which could extend equal pay rights to protect workers suffering discrimination on the basis of race or disability. The government’s plan toMake Work Pay included a right for workers to disconnect from work outside of working hours. The Government plans to introduce the policy through a statutory code of practice, with a consultation expected to begin in 2025.

There will also be further consultations on several measures in preparation for changes that are likely to be implemented in 2026 under the Employment Rights Bill. To prepare for these changes, employers can consider any further training requirements for their managers. For example, a ‘day one’ right to not be unfairly dismissed could lead to additional training needs in areas such as performance management or a review of probation procedures.

If you would like to discuss how you can ensure your organisation is compliant and taking steps to prepare for the upcoming legislation, please contact Rachel Walker in our team on 07392 090890.

How to handle trauma-informed investigations

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Investigations by their very nature can be complex undertakings, particularly if you are dealing with matters of a sensitive nature. How do you handle investigations where someone has been traumatised by their experience?

Following the recent publication of the Equality and Human Rights Commission (EHRC)’s technical guidance on sexual harassment in the workplace, we have considered its impact on carrying out investigation and whether you are able to carry out an investigation with someone who has been traumatised?

What does the guidance say about investigations?

  • Thorough investigations: investigate all complaints promptly and thoroughly, ensuring impartiality and confidentiality
  • Training: ensure that those conducting investigations are trained in handling sensitive issues and understanding the impact of trauma.

This involves a consideration of trauma-informed investigations. What does that mean?

A trauma-informed investigation prioritises understanding and mitigates the potential re-traumatisation of the individuals involved, while maintaining the integrity and fairness of the process. This approach is particularly vital in workplaces or organisations where individuals may have experienced distressing events, such as harassment, discrimination, or violence.

Key steps to prioritise understanding and mitigate any further re-traumatisation

  1. Prepare with empathy: investigators need to consider the effects of trauma, including its psychological and physiological impacts. As part of that preparation, it’s important to understand that trauma can affect memory recall, emotional regulation, and communication.
  2. Create a safe environment: This is about ensuring the physical and emotional safety for all parties. Conduct interviews in private, neutral settings, and take time to communicate clearly about the process, expectations, and confidentiality.
  3. Use a person-centred approach: Prioritise the well-being of the individual. Listen actively and non-judgmentally. Be patient during an interview and allow for pauses or breaks if the person becomes overwhelmed.
  4. Adapt interview techniques: Using open-ended, non-leading questions are a key skill for any investigator. When considering someone who has experienced trauma, consider how to adapt those questions to avoid triggering distress. For example, instead of asking “Why didn’t you report this earlier?” ask, “Can you share what led to your decision to report this now?”.
  5. Minimise repetition: Avoid asking the individual to recount their experience multiple times, as this can compound distress. Record information accurately and share it only with those who need to know.
  6. Acknowledge and normalise responses: Understand that emotions such as anger, fear, or withdrawal are common trauma responses.
  7. Ensure transparency and support: Clearly communicate next steps and check in with the individual regarding their ability to access support, signposting to relevant resources, such as counselling or employee assistance programmes.

This is the approach that our experienced investigators at Narrow Quay HR take when we carry out investigations where the interviewee may have been traumatised by events that they have experienced. We can also provide training on how to carry out trauma-informed investigations.

If you would like to discuss training opportunities or would like some support in carrying out a trauma-informed investigation, please contact Simon Martin in our team on 07384 813 076.

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The New Employment Rights Bill – what it means for employers

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The Employment Rights Bill, published on the 10th October 2024, is the flagship proposal by the new Government promising to ‘make work pay’. The Bill outlines the most significant and far-reaching changes to employment law for decades. In this article we review the proposals and the implications for employers including the most recent amendments to the Bill published last week.

What are the headlines?

Everyone is talking about – Unfair Dismissal – A “Day One” Right

Employees will have the right to bring a claim for unfair dismissal from the first day of employment and will no longer have to wait to be employed for 2 years before bringing a claim.

There will be an exception to this right in the initial period of employment, or what we would commonly refer to as a probationary period. In the probationary period the employer will need to carry out a ‘proportionate assessment of the employee’s suitability for a role’. At the time of writing, it has been confirmed that this period will be between 3 and 9 months.

The Government plans to consult extensively on this proposal but as a minimum it has said that employers will need to meet with employees to explain the performance issues before deciding to dismiss. Whilst this will be a lighter touch than the usual unfair dismissal, you will need to be able to show good, objective evidence of the employee’s unsuitability for the role, provide appropriate training and opportunities to improve.

This probationary period will relate to the employee’s suitability for the role and will not therefore apply to redundancy dismissals where full unfair dismissal rights will apply from day one.

Although the law will not come into force for 2 years you will need to start preparing as any new employees who start employment in the next couple of years will not have to wait the full 2 years to bring a claim if the new legislation comes into force in 2026 as planned. A new employee starting in Autumn 2025 will only need a year’s service as the new law would start in Autumn 2026. Ensuring that you have effective probationary management in place will therefore be key.

Doubling the Tribunal Claim Time Limit

In the amendment paper last week, the Government confirmed its intention to increase the time for bringing an employment tribunal claim from 3 months to 6 months for all claims. This is a significant change which would give employees more time to submit a claim but on the plus side would give employers more time to settle before any claims are issued.

Fire and Rehire and Zero hours contracts

The Bill will mean that it will be automatically unfair to dismiss an employee for refusing a contract variation. Employers will only be able to change contracts using this method in cases of financial necessity that threaten business viability.

Those on zero or low hours contracts will have the right to a guaranteed hours contract if they regularly work a defined number of hours. There will also have to be reasonable notice of shifts and compensation for last minute cancellations of shifts.

Statutory Sick Pay, parental and other Leave

Employees will be able to claim statutory sick pay from the first day of sickness absence and the earnings threshold is removed.

The qualifying periods for paternity and parental leave will be removed, giving employees these rights from day one. Employees will also be able to take paternity leave after shared parental leave.

In addition to bereavement leave of two weeks for the loss of a child, the bill extends this to other individuals. The leave for other relatives will be for a shorter period of one week and the regulations, which are to follow, will determine which relatives the leave will apply to. If there is more than one bereavement in the year the employee will be entitled to leave on each occasion.

There will be a presumption in favour of flexible working and the Bill makes it harder to refuse these. The right to request flexible working is already a day one right but where an employer refuses a flexible working request on one or more of the specified grounds, they will now have to show that the refusal is reasonable.

Protection for maternity and pregnancy

Regulations implemented following the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, extended existing protections so that they now begin on the day the employer is first notified of the employee’s pregnancy and end 18 months after the date of the child’s birth or after the date of adoption for parents taking adoption leave. 

The Bill proposes further enhanced protections for pregnant women and new mothers, including protection from dismissal during pregnancy and maternity leave. Employers will be unable to dismiss a woman who is pregnant or on maternity leave and during the initial 6 months period on return to work – except in specific circumstances.

Gender Equality Plans

The amendments have also included a new statutory obligation to produce equality plans related to gender equality (including gender pay gap and menopause) for organisations with 250 or more employees. As well as gender pay gap reporting these employers will have to explain what steps they are taking to help women experiencing the menopause.

Sexual Harassment

The new law on sexual harassment came into force on the 26th October 2024 and employers must take reasonable steps to prevent sexual harassment. The Employment Rights Bill proposes to change this law and make it stronger. Employers will have to show that they have taken all reasonable steps to prevent the harassment.

The Bill also makes it clear that the employers will be responsible for third party sexual harassment, see below.

Third Party Harassment

There is a significant change to the law on harassment. The Bill says that employers will be held responsible for harassment of their employees by third parties (related to any protected characteristic) where they haven’t taken all reasonable steps to prevent it. What will amount to all reasonable steps where third parties are concerned, remains to be seen.

Non-Disclosure Agreements

The amendment paper provides that any non-disclosure agreements which seek to prevent workers from disclosing details of harassment (including sexual harassment) will be void.

Future reforms

The Government has said that it will publish a ‘Next Steps’ document which will outline future reforms, including:

  • A ‘right to switch off’ to prevent out-of-hours contact, except in emergencies.
  • A commitment to tackle pay discrimination by expanding the Equality (Race and Disparity) Bill to mandate large employers to report on ethnicity and disability pay gaps.
  • A move towards a simpler two-part framework for employment status.
  • Reviews of parental leave and carers leave systems.

Do I need to panic?

The short answer is no! The Government has said that the new laws are likely to come into force in Autumn 2026 so you have time to prepare for these changes.

The Government plans to consult extensively on the proposals and some of those consultations have already started.

All of the consultations provide a crucial opportunity for you as employers, to influence the development of the Employment Rights Bill. The responses could shape the final form of the legislation. Don’t think that you are too small to make a difference – if you want your voice to be heard, review the proposals and provide your feedback to ensure that your perspectives are represented.

There will be consultation more widely on the implementation of other measures, so you will have the opportunity to feedback and shape the development of these changes.  There is therefore time to prepare but if you would like to discuss how we can help you get ready for these changes, please contact Lisa Reynolds in our team on 07771 316 123

World Mental Health Day 2024: Prioritising mental health in the workplace

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As burnout rates continue to rise across industries, it has never been more important for organisations to take proactive steps to create healthier and more supportive working environments.

In recognition of this month’s World Mental Health Day and its theme “It is Time to Prioritise Mental Health in the Workplace”, we consider the impact of burnout on employees as well as organisations, the critical importance of placing mental health at the heart of organisational priorities, and outline the key strategies employers can adopt to mitigate and prevent it.

The impact of burnout

Burnout is not just an individual issue – it’s a widespread organisational crisis. Employees who experience burnout often face stress, anxiety, depression and exhaustion. This, in turn, leads to increased absenteeism, presenteeism, disengagement, and higher staff turnover. According to the Chartered Institute of Personnel and Development (CIPD) Health and Wellbeing at Work Survey 2023, mental health issues, including burnout, are one of the leading causes of long-term sickness absence. The average rate of employee absence per year has risen to 7.8 days per year, the highest in over a decade. If left unchecked, burnout not only harms employees’ mental health, but also affects the organisation’s overall efficiency.

Bridging the gap: From impact to solutions

Addressing burnout requires a multi-faceted approach that balances immediate support with long-term cultural change. Organisations that fail to act risk further exacerbating the consequences, while those that take proactive steps can create a healthier, more resilient workforce.  Outlined below are some key strategies for organisations to implement in order to assist with eliminating burnout.

Organisational strategies to eliminate burnout

  1. Set realistic expectations: Unmanageable workloads are a primary driver of burnout. Managers should set clear, achievable goals, redistribute tasks when necessary, and conduct regular reviews of workloads to prevent employees from feeling overwhelmed. Realistic expectations contribute to a healthier and more productive environment.
  2. Foster a supportive culture: Open conversations about mental health are crucial for reducing burnout. Employees should feel safe discussing their stress levels without fear of stigma. Training managers to recognise signs of burnout and providing support while fostering a culture of open dialogue around mental health can significantly reduce risk.
  3. Promote work-life balance: A balanced workload is essential for mental wellbeing. Offering flexible working hours, encouraging regular breaks, and ensuring employees take their vacation time are critical measures to prevent burnout.
  4. Provide mental health resources: Offering access to Employee Assistance Programmes (EAPs), counselling services, and mental health days gives employees vital tools to manage stress before it escalates into burnout. Implementing wellness initiatives and hosting mental health workshops also help to build awareness and resilience.
  5. Encourage autonomy and recognition: Empowering employees with control over their tasks and schedules helps reduce stress and improves job satisfaction. Recognising employee contributions boosts morale and combats emotional exhaustion, helping to prevent burnout from taking root.

Prioritising mental health in the workplace is not just a one-day initiative; it’s a long-term commitment that organisations must embrace all year-round. By taking meaningful steps to address burnout and foster a culture of mental wellbeing, organisations can ensure a more engaged, resilient, and productive workforce.

For specialist advice on employee wellbeing initiatives and mental health support in the workplace, contact Megan Britz in our team on at 07468 698957.