Wed 02 Oct 2024

Employment Law Round Up - October 2024

Our monthly employment law round up.

Day 1 unfair dismissal protection

While we await publication of the Employment Rights Bill, it has been reported that the UK Government is proposing to allow employers to keep new hires on probation for up to six months.  Labour's Plan to Make Work Pay referenced the use of probationary periods when setting out its pledge to make unfair dismissal protection a day 1 right saying employers will be able to dismiss new hires using "fair and transparent rules and processes".  However, there is no further information yet on the practicalities of how this might work.

Low Pay Commission publishes policy paper on updated NMW remit

Following the Labour Government issuing the Low Pay Commission ("LPC") with a new remit, the LPC have published a policy payer - How we’ll respond to our updated remit.  This confirms that the National Living Wage "NLW" increase in 2025 will, as a "floor" to the LPC's recommendations, take into account cost of living and expected inflation up to March 2025, and not fall below two thirds of median earnings.  However, given the remit to "boost low earnings", increases above the "floor" will be made if there is scope to do so.  The LPC will also aim to reduce the gap between the 18 -20 rate and the NLW.  The current central estimate is that a NLW increase to £12.10 will be required to maintain the rate at two thirds of median pay. This is though just a provisional figure at this stage. The LPC is due to make its recommendations by the end of October.

EHRC publishes guidance for employers on supporting disabled workers with hybrid working

The Equality and Human Rights Commission has published new Guidance for employers - Supporting disabled workers with hybrid working.  The guidance is designed for small and medium sized employers so that they can support disabled staff with reasonable adjustments allowing them to thrive when hybrid working.  The guidance covers recruitment and all stages of employment, explaining the law and providing practical tips for what employers can do. 

Labour Government has no current plans to introduce domestic abuse leave

The Labour Government have confirmed that they do not intend to introduce paid leave for domestic abuse "at this time", mirroring the position the Conservative Government set out in April 2024.  Parliamentary Under Secretary for DBT, Justin Madders, suggested that employers can assist in other ways, including signposting support services, financial assistance and supporting safety at and around the workplace. 

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