Welcome to the August edition of Eaton Smith Monthly Employment Bulletin. We are excited to bring you the latest updates and insights on employment law that can help you navigate the ever-changing legal landscape. In this edition, we hope that the content truly meets your needs. Let's dive in!

Bill to introduce legal definition of bullying at work

The Bullying and Respect at Work Bill proposes regulation that would present a legal meaning of bulling, to empower claims connected with work environment tormenting to be considered at an employment tribunal.

Without legal framework currently in place making bullying against the law, the proposed Bullying and Respect at Work Bill is a positive step towards addressing this issue. However, it will not entirely eradicate workplace bullying or encourage employees to freely voice their concerns, even if there were formal mechanisms for reporting and investigating bullying allegations. However, it will allow employees to raise bullying claims and employment tribunals to hear them, which is not currently possible.

Formal instruments for detailing and examining bullying at work would be presented, and the Equality and Human Rights Commission would be given powers to explore cases of bullying cultures and to take enforcement action if suitable.

According to the CIPD, 15% of the UK workforce has experienced bullying at work. Acas has estimated that conflict at work costs UK businesses £28bn each year.

Legislation that will give employees better access to flexible working has now completed its way through parliament and has been granted Royal Assent.

Legislation that will give employees better access to flexible working has now completed its way through parliament and has been granted Royal Assent.

The Employment Relations (Flexible Working) Act 2023 enables employees to make two flexible working requests in any 12-month period (rather than one), and requires employers to respond to requests within two months of receiving them. It passed through its third reading in parliament on Friday (14 July).

Employees will also no longer have to explain the impact that granting the request would have on their role and how that might be dealt with. Managers will not be able to refuse a request until they have consulted with the staff member.

Although a day-one right to request flexible working had been mooted, this is not explicitly stated in the bill. Employees will still need 26 weeks’ service before they can make a flexible working request.

The UK government’s Strikes (Minimum Service Levels) Act has gained Royal Assent, having passed through parliament, giving ministers new powers to restrict the impact of strikes in public services

The aim of the legislation is to impose minimum levels of service during industrial action by ambulance staff, firefighters, railway workers and those in other sectors deemed essential. The government will now proceed with plans to implement minimum service levels for passenger rail services, ambulance services and fire and rescue services. This will follow public consultations on the most appropriate approach for delivering minimum service levels in passenger rail and blue light services. The government said it is currently analysing responses and will respond in due course.

A public consultation will be launched this Summer on the reasonable steps unions must take to comply with a work notice issued by employers under minimum service levels legislation. It comes on the day that hospital consultants went on strike across England and a walkout by rail workers in a long-running dispute brought fresh travel chaos for train passengers.

Following public consultation and approval by both Houses of Parliament, the government will be able to set minimum service levels within key sectors, including emergency services, border security, education, rail and nuclear decommissioning.

Over half of women face maternity discrimination

More than half of all mothers have faced some form of discrimination while pregnant, on maternity leave or on their return to work, according to campaign group Pregnant Then Screwed.

The group surveyed more than 24,000 parents, revealing that almost a fifth (19%) had left their employer due to a negative experience related to their maternity. The research also found that 74% of women had received comments that their performance had dipped due to pregnancy or maternity leave.

Almost two-thirds (64%) of pregnant women said their boss or colleagues had made hurtful comments about the way they looked. One in 10 said they were bullied or harassed when pregnant or returning to work, and 7% were made redundant or forced to leave due to a flexible working request being declined or health and safety issues.

A small proportion of women (one in every 61) had even received suggestions from their managers that they should terminate their pregnancy. Our Employment Team can draft, review and advise on your harassment and bullying policy to ensure it provides safe working environment for all employees. Please do not hesitate to get in touch to find out more.

If you or your business need advice on the above, you can contact us at employment@eatonsmith.co.uk. This is not legal advice; it is intended to provide information of general interest about current legal issues. You should specific legal advice before acting in reliance on any of the information provided.