The Employment Rights Bill (ERB), the government's flagship Bill proposing significant changes to employment law, completed its Committee Stage in the House of Commons on 16 January 2025. The Committee considered the draft ERB along with more than 200 proposed amendments, mostly put forward by the government. All government amendments were approved, most significantly the extension of the limitation period for employment tribunal claims from three months to six months.
This article considers some of the proposals.
Key amendments from the Committee Stage.
1. Carer’s leave: remuneration.
The concept of “caring” is proposed as a protected characteristic under the Equality Act 2010. This amendment would provide protection against discrimination for someone providing care to, amongst others, a spouse/civil partner, child or parent who has long-term care needs.
Paid carers leave is also proposed which would require employers to pay employees at their usual rate whilst taking carer’s leave (currently the entitlement is one week’s unpaid leave to provide or arrange care in each rolling 12-month period).
2. Domestic abuse victim’s leave.
This amendment would entitle a worker who is a victim of domestic abuse to the right to take leave from work. It is expected that the leave would amount to at least 10 working days and that the worker’s usual terms and conditions would apply during this period, which could include terms relating to pay.
It is also proposed that a worker would have the right not to be subjected to any detriment by their employer on the ground that they have been or are suspected to have been a victim of domestic abuse or affected directly by domestic abuse and that the Employment Rights Act 1996 will protect workers from dismissal on these grounds.
Employers will also have a duty to take all reasonable steps to prevent their workers from experiencing domestic abuse in the course of their employment.
The focus here is on workers, and not just restricted to employees, thereby extending the protection to the wider category of workers, encompassing what the amendment refers to as “contract” workers.
3. Protected paternity or parental leave.
The introduction of protected paternity or parental partner leave for all employees is proposed, with paternity leave extended from two weeks to six weeks. Further consultation will be necessary to consider how best to ensure that protected paternity or parental leave reduces the risk of employees experiencing discrimination, along with the extent to which the costs to employers should be reimbursed.
It would also be a requirement for any employer with more than 250 employees to publish information on the internet about the employer’s policies on parental leave and pay for parental leave.
4. Unfair dismissals: whistleblowing.
Currently, in seeking to establish an automatically unfair dismissal for whistleblowing, it must be established that the protected disclosure was the reason (or principal reason) for the dismissal. The proposed amendment would change this so that the protected disclosure only needed to be one of the reasons for the dismissal, thereby making it easier for the employee to establish such a claim.
5. Kinship care.
‘Kinship care leave’ is proposed which would entitle an employee providing eligible kinship care to a child to at least 52 weeks’ leave. During this period the employee would be entitled to the same terms and conditions of employment that they would have been but for the leave (save for remuneration) and is entitled to return to the same role or similar.
Kinship care describes an arrangement where a child is raised by a friend, relative or extended family member other than a parent. The legislation sets out in detail what arrangements would be eligible for such leave.
What does this mean?
The ERB will now progress to its Report Stage, where further amendments may be considered, and third reading. No dates have yet been set for those stages. We do not yet know when these changes will come into effect, or the exact details of what will ultimately be enacted. However, we do know that the focus of the ERB is to expand on worker protection and the proposals represent a significant change to employment law that employers will need to understand and implement.
How we can help
If you would like any advice in this area, including a review of your current policies and procedures in light of the new Employment Rights Bill, please do not hesitate to contact a member of the Employment Department.