While the COVID-19 pandemic has dominated the agenda for the last two years, only time will tell what happens next – when it comes to employment law, however, things are clearer.
Starting in April, there will be several changes concerning the National Living and National Minimum wage, while on the COVID side of things, enforcement is expected to begin for care workers who have had face-to-face contact with service users, who have not yet been vaccinated.
Here, our employment solicitors have put together a guide on those points, as well as take you through several other changes in work law that will happen later in the year.
Key dates our employment solicitors recommend to look out for in 2022
April 2022 changes in employment law
- April will see the usual changes and increases to the National Living and National Minimum Wage. On 1 April 2022, the new National Living Wage will increase from £8.91 to £9.50 per hour (for those aged 23 and over).
- Also on 1 April 2022, enforcement is expected to begin in respect of those health and social care workers who have face-to-face contact with service users, who have not yet been vaccinated.
Later in 2022
Our employment solicitors say that The Employment Bill will be one of the most wide-ranging pieces of employment law for several years. Whilst the current timescale we have for the introduction of the Employment Bill is ‘when parliamentary time allows’ it is likely we will see some progress in 2022.
Currently, the proposals under the Bill include:
- Establishment of a new single enforcement body for employment rights.
- Legal protections against redundancy extended for a further 6 months from the date of a mother’s return to work.
- A new right to neonatal leave and pay (12 weeks) to support families when a baby is born prematurely or sick.
- The introduction of 5 days’ unpaid carer’s leave per year to enable employees to provide assistance to a dependant with long-term care needs.
- Changes to flexible working rights to enable employees the right to request flexible working from the first day of their employment.
- Menopause; the Women and Equalities Committee and the All-Party Parliamentary Group on Menopause inquiries closed in September 2021. Findings and recommendations are expected to be presented to the UK government.
- Reform of post-termination non-compete clauses; a consultation seeking views on proposals to either limit or prevent the use of post-termination non-complete clauses closed on 26 February 2021. The responses are currently being analysed.
- Extension of the ban on exclusivity clauses; a consultation on extending the ban on exclusivity clauses beyond the current zero-hours contract to contracts where the worker’s guaranteed weekly income is less than the Lower Earnings Limit closed on 26 February 2021. The responses are being analysed.
- Extending the gap in employment required to break continuity; a measure announced as part of the Good Work Plan that the current 1 week required to break continuity of employment be extended to 4 weeks may be implemented (although no timescale for implementation is known).
- Employment status; consultation took place in 2018 to bring greater clarity to the difficult area of employment status. The government response to the consultation is still being awaited.
What other developments are expected in 2022?
- Menopause; the Women and Equalities Committee and the All-Party Parliamentary Group on Menopause inquiries closed in September 2021. Findings and recommendations are expected to be presented to the UK government.
- Reform of post-termination non-compete clauses; a consultation seeking views on proposals to either limit or prevent the use of post-termination non-complete clauses closed on 26 February 2021. The responses are currently being analysed.
- Extension of the ban on exclusivity clauses; a consultation on extending the ban on exclusivity clauses beyond the current zero-hours contract to contracts where the worker’s guaranteed weekly income is less than the Lower Earnings Limit closed on 26 February 2021. The responses are being analysed.
- Extending the gap in employment required to break continuity; a measure announced as part of the Good Work Plan that the current 1 week required to break continuity of employment be extended to 4 weeks may be implemented (although no timescale for implementation is known).
- Employment status; consultation took place in 2018 to bring greater clarity to the difficult area of employment status. The government response to the consultation is still being awaited.
Rowberry’s: Experienced Employment Solicitors
Whatever 2022 has in store for your business, you can feel rest assured that the specialist employment lawyers here at Rowberry’s can help. They work closely with employers and business owners all over the UK, advising on all aspects of employment law, including:
- Redundancy procedures.
- Selection of employees for redundancy.
- Collective redundancy.
- Voluntary redundancy.
- Redundancy arising from business mergers, acquisitions or takeovers.
- Settlement agreements.
To get in contact directly with our employment solicitors, please do not hesitate to get in touch with our team today by calling 01344 959166.