CPA Bulletin

www.cpa.uk.net CPA Bulletin > February 2023 39 LEGAL: 2 Direct Vision Standard - Phase 2 At the time of writing, Transport for London (TfL) will be launching a consultation in February regarding the next stage of the Direct Vision Standard (DVS) for Heavy and Large Goods vehicles operating in London. This consultation will focus on the new progressive safe system requirements to be fitted to qualifying vehicles and will take effect from October 2024. Additional Bank Holiday The Government has announced an additional bank holiday in 2023 to mark the coronation of King Charles III. The coronation will take place on Monday 8th May 2023. The Construction Industry Joint Council (CIJC) Working Rule Agreement formally recognises eight bank holidays each year and is reviewing the position in relation to this extra one for 2023. a)Flexible Working A Private Members’ Bill regarding Employment Relations (Flexible Working) is continuing through Parliament. The Bill seeks to modify the process for requesting flexible working in a number of ways: • to make the right to request flexible working a ‘right from day one’. • to introduce a new need for companies to consult with employees before rejecting their requests for flexible working arrangements. • to permit two statutory requests per year (as opposed to the present one). • to require a two-month decision period for statutory flexible working requests (instead of the present three months); and • to remove the requirement that the employee must explain what impact, if any, the requested change would have on the employer and how that impact could be mitigated. b) Protection from Redundancy (Pregnancy and Family Leave) Bill It is expected that this Bill is likely to be passed in January/February 2023 and will extend the protection given to pregnant employees. Currently employees are given greater protection from redundancy from the time they start maternity leave; in that they are given priority for any suitable alternative roles over individuals who are not on maternity leave. Once the Bill is passed, then employees will gain such rights from the date they announce their pregnancy, until a period lasting 18 months following the date the maternity leave starts (6 months following their return if the employee takes the full 12 month maternity leave entitlement). The Bill still needs to go through a number of stages in both Houses (House of Parliament and House of Lords), however as it stands, the protection will also extend to adoption leave and shared parental leave. c) Carers’ Leave Bill It is expected that the Government will announce rights for employees who provide care, or who may be arranging care for family members. It is suggested that the scope will include ‘friends’ as well. In this case the employee may receive up to 1-week’s unpaid leave per year. Similar to Flexible Working, this will be considered a ‘right from day one’, with the employee being protected from dismissal or detrimental treatment from the employer. d) Harassment at Work: The Worker Protection (Amendment of Equality Act 2010) Bill The government is planning to increase the protection of workers from harassment. The Bill plans to impose a new duty on employers to take all reasonable steps to prevent overtly sexual harassment in the workplace, as well as restore protection against third-party harassment (of all types). It is unclear when the Flexible Working, Carers’ Leave and Harassment at Work Bills will become law, but it is more likely to be in the latter part of the year. Proposed New Employment Legislation for 2023 Heavy Goods Vehicle (HGV) Levy The Heavy Goods Vehicle (HGV) levy was introduced by the Government to charge for any damage or ‘wear’ to British roads which were caused by vehicles which weigh over 12 tonnes. The levy was suspended for UK-registered HGVs during the Covid pandemic, and further extended until August 2022. However, the current suspension will be removed in August 2023, which could mean that companies may once again incur these costs.