CPA Bulletin

32 CPA Bulletin > August 2021 www.cpa.uk.net Legal NEWS LEGAL: 1 At the time of writing, most of the terms and conditions have been sent to the CPA’s solicitors for final review. We are planning to launch these within the next few weeks. Due to slight changes to industry practice since the Supplementary Conditions were last launched, a few of the conditions are having some technical points reviewed. Once completed by the Working Group, they too will be sent to the solicitors for final review. CPA Conditions 2021 Due to the impact of COVID, the Employment Bill 2019 has been delayed in being implemented. At the time of writing, it is uncertain when it will be introduced, as the Government recently announced that it will bring it in “when parliamentary time allows”. Below are the main headings which could be introduced. The Future for Flexible Working The Government had been planning to address the restrictions to flexible working. At present, employees must have 26 weeks’ service to make a statutory flexible working request to their employer. The Government has been considering removing this service requirement, and instead making it a right to all employees from the first day of the employment. It is also now considering making flexible working the default position for all business sectors post-COVID. The Right to Disconnect This has been considered in light of the Trades Union campaign. Its aim is to help employees switch off and to protect their mental health. The Unions want legislation in place where employers must negotiate with staff and agree rules on when staff cannot be contacted for work purposes. This issue has been very dominant during the COVID crisis, where staff who are working from home, have no demarcation between home and work life, and are expected to deal with emails and phone calls at non-standard working times or hours. Redundancy Protection The Government may extend protection afforded to employees on maternity leave, which may also include those taking adoption leave and shared parental leave. However, it will not include those on paternity leave. Those employees who qualify, would have the right to be offered a suitable alternative vacancy in a redundancy situation ahead of other employees. In addition, there is a possibility that redundancy protection will also include employees who announce they are pregnant, and for six months after they return frommaternity leave. Neonatal Leave As a result of a 2019 consultation, the Government is intending to create a new right for parents who have a baby in neonatal care. The parents will receive an additional week’s leave for every week their baby is in neonatal care, up to a maximum of 12 weeks. Due to the circumstances the parents are facing, it is likely that the leave will have to be taken in a continuous block of one or more weeks. It is expected that the leave would be added onto the end of the parent’s maternity period or paternity leave, subject to the baby being 28 days old or less (neonate), and where the baby’s hospital admission lasts for a continuous period of seven days or more. In addition, this would be subject to the employee’s having a minimum qualifying period of 26 weeks’ service, and who earn above the minimum pay threshold. There would be an entitlement to receive pay for the neonatal leave period at the current statutory rate. Carer’s Leave The Bill intends to give employees who have caring responsibilities the right to take one week’s unpaid leave each year. Single Labour Market Enforcement Body The Government will introduce a single labour enforcement body, which will have the remit to tackle modern slavery, enforce the minimumwage and protect agency workers. This means that the new body will be a single point of contact, which will replace the Gangmasters and Labour Abuse Authority (GLAA), the Employment Agency Standards Inspectorate and HMRC’s National MinimumWage Enforcement. The new body will also have a new ability to ensure vulnerable workers receive their holiday pay and statutory sick pay without having to bring a claim through ACAS/the Employment Tribunal. Zero-Hours Contracts Another new right will allow those employees with a minimum of 26 weeks’ service to request a more regulated contract. This is to focus on those employees who frequently have variable and/or uncertain hours. Possible COVID-Related Additional Rights The Health Secretary highlighted the practicability for workers who had to stay at home due to COVID-related issues and who only received the statutory sick rate. At this time, it is uncertain what other benefits/rights employees would receive. The Government may make it mandatory for workers to wear face masks, attend testing, and are inoculated, subject to which sector they work in. We will informmembers of any developments as they arise. Employment Bill 2019