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Forthcoming changes to employment law

In the realm of employment law, forthcoming legislation aims to bolster workplace protections: the Worker Protection (Amendment of Equality Act 2010) 2023 mandates employers to prevent sexual harassment, while the Neonatal Care (Leave and Pay) 2023 legislation ensures support for parents with up to 12 weeks’ leave for neonatal care, slated for April 2025.

Strengthening of sexual harassment laws – the Worker Protection (Amendment of Equality Act 2010) 2023 is expected to come into force in October 2024. It will introduce a mandatory duty on employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.  Whilst employers can already be held liable for sexual harassment of their employees, this new piece of legislation will put a positive duty on employers to actively prevent its occurrence. There is expected to be a new Code of Practice and employment tribunals will have the power to increase awards by up to 25% if employers breach the duty.

Neonatal care leave – the government has stated that they will bring the Neonatal Care (Leave and Pay) 2023 piece of legislation into effect in April 2025. This will provide parents whose babies require neonatal care with up to 12 weeks’ leave. Like statutory maternity, paternity and adoption leave, parents eligible for the leave, which will be a ‘day one’ right, will also be paid if they meet the minimum 26 weeks’ continuous service requirement and have a certain minimum pay level. The exact detail of notice and evidence requirements will be known nearer the effective date, but are not expected to be onerous, given the sensitivity of the circumstances.