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Childcare Counsel: New anti-gender discrimination laws

Hannah Belton, director of Morgan La Roche Solicitors, on International Women's Day 2023: Progress in the UK Workplace

The majority of UK employers today rightly aspire to be anti any form of gender discrimination and wave the flag of an equality and diversity policy.

Current legislation

The most notable regulations on gender inequalities are the Part-Time Workers Regulations 2000 and the Flexible Working Regulations 2014.

Legislation on the horizon

  • Carers Leave Bill: one week of unpaid leave each year to handle planned caring commitments.
  • Neonatal Care (Leave and Pay) Bill: ‘day one’ right to leave and neonatal care pay of up to 12 weeks for parents whose babies spend time in neonatal care units.
  • Protection from Redundancy (Pregnancy and Family Leave) Bill: greater job security from the date on which pregnancy is notified to the employer to 18 months after birth.
  • Protection (Amendment of Equality Act 2010) Bill: a new proactive duty on employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace. It would require a shift in focus for employers to prevention as well as cure.
  • Employment Relations (Flexible Working) Bill: makes changes to the current Flexible Working Regulations, including making the right to request flexible working a ‘day one’ right, rather than only being permitted after 26 weeks of work, and enabling employees to make two flexible working requests in any 12-month period, rather than just one.

Each Bill is likely to hit the statute books in 2024, so watch this space.

Also notable is an employer's moral duty to support any employees who are the victims of domestic abuse. There is no direct legislation compelling employers to take action, but with the changing tide of public opinion and increased reporting on domestic abuse, the need to tackle it is being subsumed under an employer's general duties to protect the health, safety and welfare of employees.