Employment Law News Roundup – 7.2.23

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Carers Leave Bill Image 2023

Carers Leave Bill

Further to our previous article on the Carers Leave Bill, a Private Members Bill sponsored by Wendy Chamberlain MP to introduce a statutory right to 1 weeks unpaid carers leave (which has received Government backing), the Bill has now passed its 3rd reading and the report stage in the House of Commons and will next move onto the House of Lords.

Given that the Carers Leave Bill has Government backing, it is highly likely to become law in 2023 and should come into force sometime in 2024 or 2025.

Back In September 2021, the Government announced that working carers would receive a new statutory right to 1 week’s unpaid carers leave. It was anticipated that this new legislation would form part of a new Employment Bill, and that the Employment Bill would be included in the 2022 Queen’s Speech. However, ultimately no new Employment Bill materialised, and nor did any legislation to introduce a new statutory right to 1 week’s unpaid carers leave.

Accordingly, Liberal Democrat MP, Wendy Chamberlain, introduced a Private Members Bill in order to try and get a new statutory right to 1 weeks unpaid carers leave enacted. The Bill subsequently received Government backing.

The absence of any proposed Government legislation to introduce the proposed new statutory right to 1 week’s unpaid carer’s leave in the Queen’s Speech had prompted the Conservative MP, Dame Caroline Dinenage, to ask the then minister for small business, consumers and labour markets, Paul Scully, what the timetable as regards carer’s leave was. He stated that the Government remains “committed to unpaid carer’s leave and indeed will introduce it when parliamentary time allows.“ Ultimately, the Government decided that the best way of following through on that was to back Wendy Chamberlain’s Private Members Bill

Commenting upon the progress of the Carers Leave Bill, Wendy Chamberlain stated: "I have....heard from employers that believe this new employment right will be the catalyst for starting conversation about caring, that even within carer-friendly organisations, getting people to talk about their responsibilities, or even to simply recognise themselves as carers can be a challenge. This makes caring as ordinary a part of working life as taking a sick day with Covid or maternity leave after a baby, This will be a huge shift in how we understand carers."

The Parliamentary Under Secretary of State for Enterprise, Markets and Small Business, Kevin Hollinrake, added: "Carers’ leave is important to improve the quality of life for carers, but will also benefit those who depend on the care provided by unpaid carers. The Government is supporting this Bill, in line with our manifesto commitments."

Government Backs Workers (Predictable Terms and Conditions) Bill

The Workers (Predictable Terms and Conditions) Bill is a Private Members Bill which has been sponsored by Scott Benton MP. Under the bill, where workers hours vary in terms of the number of hours employees work and/or when they work, or they are in a fixed term contract of less than a year's duration, then they would be permitted to apply for a more predictable working pattern after 26 weeks of continuous service.

It had been anticipated that legislation relating to making working patterns more predictable and stable would form part of a new Employment Bill, and that the Employment Bill would be included in the 2022 Queen’s Speech. However, ultimately no new Employment Bill was announced in the Queen’s Speech. Hence, Scott Benton's decision to try and get the issue enacted through a Private Members Bill

Scott Benton's Private Members Bill has now received Government backing and is now therefore highly likely to become law in 2023, and should come into force sometime in 2024 or 2025.

Welcoming the decision to provide Government backing, Scott Benton stated: "A significant number of my constituents experience unpredictable work. Being able to ask their employers to consider requests for a more predictable working pattern such as working on set days, or for a permanent contract, will help them to work more predictable hours and provide more reliably for their families in some cases, and help with their work-life balance in other situations. This Bill gives people a right to ask their employers to consider requests and will be welcomed by thousands of people."

Last Updated:  Tuesday, February 7, 2023

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