New Consultation

The Government plans to introduce a new system of flexible parental leave from 2015. It is part of the plans to create a modern workplace for the modern economy. The following proposals are included within the plan:

Working time regulations

These regulations have been amended to enshrine the European Court of Justice case law. This means that providing that employees can carry over untaken holiday into subsequent years if they have lost the chance to take paid holiday due to sickness absence or maternity/parental leave.

The proposal is to limit carried-over holiday for sickness absence to the four weeks' compulsory paid leave under the Working Time Directive (i.e. the employee would lose the extra 1.6 weeks they receive, above EU minimum requirements, under the Working Time Regulations). The government is also considering proposals to allow employers to 'buy out' that extra 1.6 weeks.

Flexible parental leave

Retaining 18 weeks' maternity leave for mothers, then reclassifying the remaining maternity leave as 'parental leave' and allowing it to be taken by either mother, or father, or both. Either way, most of it will be paid. The consultation will also cover allowing employers and employees to agree for parental leave to be taken in chunks, or on a part-time basis.

Equal Pay 

A duty has been introduced for Employment Tribunals, this requires employers to conduct a pay audit if they have been found guilty of breaching the equal pay legislation. 

The consultation closes on 8th August 2011. Any outcomes from this process will be reported in the August edition of Essential News. 

Flexible working

Extending the right to request flexible working to all employees, not just those with children younger than 17 (or 18 for parents of disabled children).