What's coming down the track in 2022...?
In short, plenty. So much that we've had to extend our top 5 picks to a top 6. In no particular order, here goes...
1. Changes to flexible working?
In September 2021, the government launched a consultation dubbed “Making Flexible Working the Default” - the clue very much being in the title. It is worth bearing in mind though, that the consultation emanates from a December 2019 manifesto commitment – and since then things have, of course, changed (just a bit).
Given the government is now also tasked with mitigating the economic carnage wrought on those businesses (and transport networks) that depend heavily on office workers actually being in the office, any resulting legislation may not be particularly drastic.
The general consensus is that simply removing the employer’s ability to refuse a request would be quite an overreach. Flexible working will, therefore, most likely remain a ‘right to request’ on the part of the employee, albeit one that will apply from ‘day one’ of employment rather than after the present 26 week qualifying period.
There is no real detail yet on either the changes or their likely timetable, but they are expected to be swept up in the forthcoming Employment Bill, which will be published “when parliamentary time allows”. Of course, the norm for the foreseeable seems to be hybrid working in any event, which has been brought about more by circumstances than legislative action.
2. Compulsory vaccines for NHS staff and the social care sector
From 1 April 2022, the requirement for compulsory vaccinations will be extended from just care home workers, so as to include frontline NHS staff and the wider social care sector. Guidance will be produced to help affected employers and the changes will be subject to a 12-week grace period to give employers and workers in the health and social care sector time to plan. However, the changes will provide that:
providers of CQC-regulated activities in the health and social care sector must only deploy individuals who have been fully vaccinated against COVID-19 to roles where they have direct, face-to-face contact with patients and service users;
full vaccination means that individuals must have received a full course of COVID-19 vaccination in line with the UK Health Security Agency (UKHSA) guidance;
front-line workers, as well as non-clinical workers not directly involved in patient care, such as receptionists, ward clerks, porters and cleaners, will be caught by the new rules;
the requirements will apply whether a regulated activity is delivered through agency workers, volunteers or trainees or contracted to another provider; and
for health and care workers who may be exempt, the CQC-registered person must have seen evidence of their medical exemption before they can deliver care.
The government will implement the mandatory vaccination requirement for the health and social care sector by amending the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (SI 2014/2936), as was also done to implement mandatory vaccination of care home staff.
The big question is whether it will go any further than that, we would suspect not, but anything is possible…
3. Tips, gratuities, cover and service charges
In September 2021, the government finally published its response to a 2016 consultation on tipping, gratuities, cover and service charges. It stated an intent to ensure that workers in the hospitality sector benefit from gratuities on a fair and transparent basis. Expect measures such as a employers being prevented from making deductions from tips, a requirement for employers to have a written policy (underpinned by a new statutory Code of Practice on Tipping), and a right for employees to be able to request information from their employer about their tipping record (with a 4 week statutory response time). Any changes will most likely be including in the Employment Bill as and when that comes.
4. Health and Social Care Tax
6 April 2022 will see the introduction of the Government’s new health and social care tax - a 1.25% rise in National Insurance Contributions for all working adults in the UK, which will need to be matched by employers. The proceeds from the increase will, apparently, be ring-fenced to fund the NHS and equivalent bodies across the UK. Initially it will be implemented as a simple raise to National Insurance Contributions. From 6 April 2023, the increase will be identified as a separate tax on earnings and will be listed on payslips as the Health and Social Care Levy (and National Insurance Contribution rates will then return to current levels). It will also apply to dividends individuals pay to themselves through personal services companies. It is expected to impact over 1.6 million employers, so definitely one to start planning for now with your payroll providers and accountants.
5. New right to carer’s leave
Also in September 2021, the government published its response to the 2020 consultation on a new right for carers to benefit from additional statutory leave. The right, which will arise from ‘day one’, will consist of one week of unpaid leave per year for those employees with long-term caring responsibilities. It will be able to be taken in either half-days or full days, with the employee being required to give notice that is at least twice the length of the time being requested as leave, plus one day. Again, most likely to be included in the forthcoming Employment Bill.
6. Neonatal leave and pay
In March 2020, the government confirmed its intention to introduce statutory neonatal leave and pay. This is another one that has been a long time coming, and which is expected to be included in the imminent Employment Bill. It is intended to provide support for parents of babies requiring neonatal care and will address what has been a gaping hole in present statutory family-friendly provisions. It will most likely take the form of a right for parents to take an additional week of leave for every week their baby is in neonatal care, up to a maximum of 12 weeks. Pay will be at the statutory rate and subject to the same qualifying criteria as present statutory payments, including a minimum qualifying period of 26 weeks’ service.
For more information, do contact: john.skelly@bakerskelly.com
The above is intended as general commentary only and is not intended as a substitute for specific legal advice.
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