Paternity Leave for bereaved partners
The Labour government plan to introduce many changes to employment law but most will not come into law effect until 2026. Below are some changes which are either already in place or are imminent.
The Paternity Leave (Bereavement) Act 2024 was intended to be brought into force in April 2025, although this date has not been confirmed. It gives a new right to bereaved fathers and partners when a mother dies in childbirth. Bereaved parents of children born through a surrogacy agreement and those of adopted children and will also be covered. This will be a day one right, so requires no period of employment in order to be eligible. It currently provides for fathers/partners to be given paternity leave in these circumstances, and it was intended that the period of leave could be extended by regulations to 52 weeks. We are waiting to see what the regulations say.
Protection from Sexual Harassment.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 has been effective since October 2024, but many employers will be playing “catch up” in order to comply with the law. The law imposes a positive duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. A breach of this can result in an Employment Tribunal uplifting any damages awarded to a complainant by 25%.
National Minimum Wage
There has been much in the media about the increase in NMW, which will be increased go up from 1st April 2025 to the following:-
Employers are recommended to:-
Review and update policies dealing with harassment and sexual harassment Risk assess the workplace and record that risk assessment Train staff regarding the issue of sexual harassment Properly investigate and address reports of sexual harassment
21 and over £12.21 per hour 18-20 £10.00 per hour Under 18 £7.55 per hour Apprentice £7.55 per hour
Based on a 37.5 hour week, anyone aged 21 or over would be paid approximately £24,000 per annum. Employers will need to check their current pay arrangements and make sure that none of their staff will fall below this level in order to avoid inadvertently breaching the NMW requirement. It is a serious matter to breach the NMW requirements, such as with consequent potential financial penalties and the risk of being “named and shamed” so employers need to be careful.
Neonatal leave and pay
Whilst many employers will already be sympathetic to employees whose child requires neonatal care and make pay and leave allowances for them, these new legal rights are expected to be introduced in April 2025. The Neonatal Care (Leave and Pay) Act 2023 gives parents the right to take 12 weeks leave and receive pay if their child requires neonatal care. The right lasts for 68 weeks post the date of birth. The right to take leave (NCL) applies from day one of employment, but the right to receive statutory neonatal care pay (SNCP) only arises after being employed for 26 weeks and is akin to statutory maternity pay. Dismissal of an employee arising from taking their NCL will be an automatically unfair dismissal.
marina.vincent@haroldbenjamin.com
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