Employment Legislation to watch out for in 2022

There are a number of significant employment changes proposed by the Government but with no specific timeline attached to these – instead, they are to be introduced “when parliamentary time allows”. Areas to keep an eye on include:

• the new proposed duty to prevent sexual harassment, the reintroduction of provisions to prevent third-party harassment (this used to be law in this country before it was revoked) and legislation relating to the use of non-disclosure agreements to silence complainants in such discrimination cases;
• expansions to the right to request flexible working – although the Government’s response to the flexible working consultation is still awaited, changes in this area seem likely;
• the proposed introduction of a right to take one (working) week’s unpaid leave per year for the purpose of caring for a dependant with long-term care needs;
• reform of the law relating to whistleblowing – the Government has indicated that a review will be considered; and changes may be required to “maintain the level playing field” with Europe to keep pace with the new EU Whistleblowing Directive;
• the long-promised Employment Bill – the Government have confirmed it is still their intention to introduce the Employment Bill. This has previously been stated to include matters such as a single enforcement body to better protect vulnerable workers, the right to request a more predictable contract, leave for neonatal care and extending redundancy protection in connection with pregnancy/maternity leave;
• whether disability reporting obligations will be introduced – a consultation in respect of the same remains open until 25 March 2022; and
• whether non-compete restrictions will be banned or otherwise reformed.