Employment updates you may have missed in the election scramble

While the country and our politicians have been focussing on the General Election, a few employment updates managed to get over the line in the scramble following the dissolution of Parliament.

Here are the key developments. Please bear in mind, however, that they all still need some work and fine tuning, so are likely to be affected by the election and the views of the incoming government.

Paternity Leave (Bereavement) Act 2024

The Paternity Leave (Bereavement) Act 2024 was granted the Royal Assent on 24 May. This new legislation ensures that fathers, or partners of adoptive parents, are entitled to two weeks of paternity leave if the mother or adoptive parent dies within the first year of the child’s birth or adoption.

This provision overrides the usual 26-week qualifying period typically required for paternity leave eligibility. Regulations are still needed to enact this law.

Distribution of Tips

The House of Lords approved a draft statutory Code of Practice concerning the fair and transparent distribution of tips. This complements the Employment (Allocation of Tips) Act 2023, mandating employers to fairly distribute all qualifying tips, gratuities, and service charges to workers.

Payments must be made no later than the end of the month following the month in which the tip was received.

Workers can take complaints to an employment tribunal if these obligations are not met.

Successful claims could result in compensation of up to £5,000 for financial losses due to employer non-compliance.

Implementation of this Code of Practice and the remaining provisions of the Act require further regulations.

Code of Practice (Dismissal and Re-engagement) Order 2024

The Code of Practice on Dismissal and Re-engagement was scheduled to come into force on 18 July 2024.

This Code of Practice was designed by the Conservative government to regulate changes to employment terms and conditions. It emphasises that dismissal and re-engagement should be a last resort after thorough consultation with employees and their representatives.

The Code stipulates that any dismissal and re-engagement must be fair and reasonable, with written notice provided to employees and the right to appeal any such decisions.

This is the development most likely to change, depending on the outcome of the election, as Labour has pledged to abolish fire and re-hire altogether, except for in very special circumstances.

We shall keep clients informed of developments.

Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.