Employment legislation update: Retained EU Law Bill, redundancy protection, neonatal care and more


After heated debate, the Retained EU Law Bill has made it through the House of Lords and looks set to get Royal Assent.   Although the most startling provision (the sunset clause) has been abandoned, it will still have a significant and unpredictable effect on how key employment legislation is interpreted. 

At the same time, a number of Private Members' Bills dealing with employment law have also been given Royal Assent.

The Protection from Redundancy (Pregnancy and Family Leave) Act will extend current redundancy protections applicable to employees on maternity leave to pregnant employees, employees who suffer a miscarriage and those who have returned from maternity, shared parental and adoption leave.   We're awaiting regulations to set out the relevant time periods and when this will come into force. 

The Neonatal Care (Leave and Pay Act) will allow eligible employees whose new baby is admitted to neonatal care to take 12 weeks of paid leave, in addition to existing maternity/paternity/shared parental leave rights.   It's expected to come into force in 2025.

The Carer's Leave Act will allow workers with caring responsibilities to take one week's unpaid carer's leave per year.  It's anticipated to come into force next year. 

The Employment (Allocation of Tips) Act will ensure that tips, gratuities and service charges paid by customers are paid to workers.  It will come into force next year (we are awaiting an confirmed date). 

Although none of these will come into force immediately, employers should make the most of the time to prepare and start reviewing their policies and practices now.  

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