Employers are reminded not to panic over the publicity surrounding potential changes to employment law, and instead to focus on ensuring they are fully compliant with existing employment legislation.
While new proposals such as the Employment Rights Bill have attracted significant media attention, no major changes have yet been finalised. For now, the priority for employers should be to get the fundamentals right: clear employment contracts, professional conduct, consistent procedures, and good communication.
Stay Calm and Stay Compliant
“It’s easy to feel overwhelmed by reports of new laws and reforms. However, the best protection for any business remains the basics: strong, legally compliant contracts, clear policies, and treating employees fairly and consistently. Employers who focus on these essentials will be well-placed whatever changes the future may bring.”
Kerry Hudson, Solicitor Personal Injury and Employment at BTTJ Solicitors
Key Reminders for Employers:
- Review Contracts and Policies: Ensure current documentation complies with existing law, including flexible working, sickness absence, and grievance procedures.
- Communicate Clearly: Provide clear written policies and updates to avoid confusion or inconsistency.
- Respond Properly to Flexible Working Requests: Employees currently have a legal right to request flexible working from day one of employment, and employers must handle requests fairly and lawfully.
- Apply Policies Consistently: Discrimination claims often arise from inconsistent treatment, not just from the policies themselves.
- Train Managers: Line managers should be equipped to manage employee queries fairly and handle issues before they escalate.
Flexible Working: Current Position
While there are proposals to expand flexible working rights in the future, as things stand:
- All employees have the right to request flexible working from day one of employment.
- Employees may make up to two flexible working requests in any 12-month period.
- Employers must respond within two months of receiving a request unless an extension is agreed.
- If refusing a request, employers must provide a valid reason based on one of the eight statutory business grounds.
- Employees no longer need to explain the potential impact of their request on the business.
- Written decisions and clear reasoning are vital to avoid claims.
BTTJ’s Employment team stresses that there is no need for employers to overhaul policies overnight based on proposed legislation. However, reviewing internal practices now will build resilience and help businesses adapt smoothly when legal changes do occur.
“Rather than reacting to headlines, employers should see this as an opportunity to strengthen their foundations,” Kerry Hudson added.