RIGHTS
New laws governing working conditions in Britain came into effect on April 6. They will see some modest improvements in work flexibility, better carer’s leave and more protection from redundancy due to pregnancy or family leave.
Under the new regulations, millions of workers will have more flexibility over where and when they work. And they’ll be entitled to request those flexible working arrangements from the very first day of their employment rather than after 26 weeks as has been the case. This includes requests for part-time, term-time, flexitime, compressed hours, and varied working locations.
Previously, employers could reject any request for flexible working arrangements, but now they must explain the reasons behind their decision; they had been able to deny any request without explanation. Employers are now also obliged to respond to flexible working requests within two months, it had been three months. Workers can also make two statutory requests for flexible working in any 12-month period, as opposed to one request.
Jane Gratton, Deputy Director Public Policy at the British Chambers of Commerce, welcomed the changes, saying, “There are times in life when we all need a bit more flexibility to balance work with changes to health, family, and other commitments. The legislation encourages employers to explore [the already existing range of flexible working solutions] at an earlier stage, to help fill job vacancies, and help employees stay in work when their circumstances change. Finding solutions that balance the needs of the employer and the individual will ensure businesses thrive with engaged and productive employees.”
For those with carer’s responsibilities, the new Carer’s Leave Act 2023 provides unpaid leave from day-one, available to all workers without any qualifying period. It applies to anyone caring for a spouse, civil partner, child, parent or other dependant who needs care because of a disability, old age or any illness or injury likely to require at least three months’ care. The maximum duration of the leave is one week per year. While employers can’t deny an employee’s request for carer’s leave, they can postpone it if they can show the operation of the business would be unduly disrupted if it were approved.
Helen Walker, Chief Executive of Carers UK, says, “We are delighted that millions of unpaid carers are set to benefit from these new laws. With 600 people a day giving up work to care, we know from carers that these kinds of measures can help to keep them in work for longer — vital for carers and the economy.”
Although workers on maternity leave, shared parental leave or adoption leave already have special protection against redundancy, the new law — Protection from Redundancy (Pregnancy and Family Leave) Act 2023 — extends that status to pregnant employees and those who have recently returned from maternity or adoption leave and shared parental leave. For example, a pregnant employee who takes maternity leave would be protected for 18 months from the child’s date of birth if they notify the employer before the end of maternity leave. And fathers taking sufficient shared parental leave will also be protected for 18 months.
Joeli Brearley, founder and CEO of Pregnant Then Screwed, notes, “A significant number of new mums are pushed out of their jobs because they are seen as less committed to their role or a burden to business, and the impact can be catastrophic for women and their families. Extending redundancy protections to pregnant women and parents returning from leave is a vital step towards reducing pregnancy and maternity discrimination.”