Strengthening Family-Friendly Working Rights: Key Legislative Changes in the Employment Rights Bill

In a significant shift toward supporting work-life balance, the UK government is seeking to introduce reforms to family-friendly working rights through the October 2024 Employment Rights Bill. This new proposed legislation expands entitlements and strengthens employee protections in areas like maternity, paternity, parental, and bereavement leave. These proposed changes aim to foster a more supportive workplace environment for families and improve the flexibility available to employees.

This blog explores the latest updates and their implications for workers and employers.

Flexible Working as a Day-One Right

The Employment Rights Bill, introduced to Parliament on 10 October 2024, aims to enhance flexible working rights in the UK. Under this proposed legislation, flexible working would become the default arrangement where practical, and employers would be permitted to refuse such requests only if it is reasonable to do so.

These proposed changes build upon the existing framework established by the Flexible Working (Amendment) Regulations 2023, which, as of 6 April 2024, allowed employees to request flexible working from the first day of employment. The Employment Rights Bill seeks to further strengthen these rights by making flexible working the norm and placing additional obligations on employers regarding the consideration and potential refusal of such requests.

The government plans to consult on the details of these proposed changes throughout 2025, with the expectation that the new provisions will come into force in 2026.

Under the new legislation:

Immediate Eligibility: Employees can request flexible working from their first day. Employers can only refuse requests if they provide a valid, objective reason that aligns with one of the prescribed grounds, such as a burden of additional costs, detrimental impact on customer demand, or inability to reorganise work among current staff.

Increased Transparency: Employers must explain in writing why any request is refused and justify the refusal as reasonable. Additionally, consultations with employees must occur before declining a request.

This change aims to create a more inclusive workplace where employees can better balance personal, family, and professional commitments.

Parental Leave Available from Day One

Currently statutory parental leave required employees to complete one year of continuous service before becoming eligible. This leave allows parents to take up to 18 weeks of unpaid leave for each child up until the child’s 18th birthday.

With the Employment Rights Bill, parental leave is under consultation to be a day-one right, meaning if the Bill is passed:

Immediate Eligibility: Employees can access unpaid parental leave from the start of their employment without needing to meet the previous one-year service requirement.
Extended Flexibility for Families: This change allows parents to respond to childcare needs and spend meaningful time with their children without waiting to qualify for this entitlement.

This adjustment aims to better support both parents in managing long-term family responsibilities without impacting their job security.

Enhanced Protection for Maternity and Family Leave

The Employment Rights Bill has proposed measures to improve job security for those on maternity and family leave. These provisions look to offer additional protections against dismissal for pregnant employees and those on or returning from family-related leave.

Notable changes include:

Priority for Suitable Vacancies: Employees on maternity leave or other family-related leave will have a priority right to any suitable alternative vacancies during redundancy situations.

Protection Against Dismissal: The government has signalled its intention to make it unlawful to dismiss employees during pregnancy or within six months of returning from maternity or other statutory family leave. This protection, set to be finalised through secondary legislation, will only allow dismissals in specific, limited circumstances.

These strengthened protections aim to reduce the risk of job loss for employees at a vulnerable stage of their careers and provide additional job security for new and expectant parents.

Expanded Bereavement Leave for Family Members

Previously, statutory bereavement leave was limited to parents who lost a child under the age of 18 or those who experienced a stillbirth after 24 weeks of pregnancy. The new Bill proposes to significantly expands this right to include a broader group of employees affected by the loss of close family members.

Key changes include:

Wider Eligibility: Bereavement leave will seek to cover additional relationships beyond immediate parent-child connections. Secondary legislation will specify the relationships covered: expected to include spouses, siblings, grandparents, and other close relatives.

Leave Duration: The entitlement remains two weeks of paid leave for parents who lose a child. However, the proposed new entitlement is set to be one week of unpaid leave for other bereavement situations.

This expanded provision reflects a growing recognition of the emotional toll that family bereavement takes on employees, and it seeks to provide time off for those who need it.

What These Changes Mean for Employers

For employers, these updates and proposed updates will require adjustments to policies, procedures, and HR practices. To ensure compliance with the new regulations, businesses should prepare by:

1. Updating Policies: Review and revise existing policies to reflect the changes and proposed changes in family-friendly rights, including updates to flexible working, bereavement, paternity, and parental leave policies.

2. Training Managers: Train managers on the new and upcoming rights and obligations to ensure requests and leave entitlements are handled fairly and consistently.

3. Preparing for Increased Absences: With expanded rights to parental and bereavement leave, employers may need to plan for more frequent absences and explore ways to maintain productivity and coverage during such periods.

While these changes may bring additional administrative requirements, they also promote a more inclusive and supportive workplace, which can enhance employee satisfaction and retention in the long run.

A Positive Shift Toward Family-Friendly Workplaces

The recent legislative changes and proposed changes to family-friendly working rights in the Employment Rights Bill represent a significant step forward in supporting employees’ needs to balance work and family life. By making and reviewing changes to flexible working, parental leave, paternity leave accessible, expanding bereavement leave and enhancing job protections, the government has acknowledged the importance of family support in the workplace.

These proposed reforms provide employees with greater security and flexibility, empowering them to manage personal responsibilities without fear of job loss. For employers, the proposed changes offer an opportunity to cultivate a more supportive workplace that values family commitments and recognises the diverse needs of modern workers.

As these changes roll out, employees and employers should stay informed to ensure a smooth transition and fully realise the benefits of a family-friendly workplace.

To ensure your business is fully prepared for these changes, or if you need guidance on how these new rights might impact your organisation, reach out to our team at Employment Law Services. Our experts can help you navigate the complexities of family-friendly legislation and ensure compliance with all new regulations. Contact us today to discuss your specific needs.