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Tipping Code of Practice published
The UK govt. issued its response this week to its Consultation on the Statutory Code of Practice on Fair and Transparent Distribution of Tips. An updated Code of Practice is also published. The Code and full measures of the Act are scheduled to come into force on 1 October 2024 when employers will be required to pass tips on to workers and have a tipping policy in place. (Only 50% of respondents to the consultation noted that all tips are currently passed on to staff.) The Code includes practical guidance around criteria businesses might apply to allocate tips fairly. Tips must be paid to staff, at the latest, by the end of the month following the month in which the tips are paid by customers. Will it be in place before a general election?
Pregnancy Loss Review - no plans to introduce additional legal protection for miscarriage
The UK govt. has introduced baby loss certificates in recognition of baby loss before 24 weeks in England. The voluntary scheme will enable parents who have experienced a loss before 24 weeks of pregnancy to record and receive a certificate to provide recognition of their loss. Employers are likely to support employees who have lost a baby before the 24-week mark, but there is no entitlement to statutory maternity or paternity leave in the event of a miscarriage (which is the loss of pregnancy before 24 weeks). Employers may wish to review internal policies and communications with parents and may consider creating a miscarriage policy to cover leave or return to work.
The Scottish govt. has committed to providing three days of paid leave for families experiencing miscarriage. Northern Ireland has gone further and plans to introduce paid miscarriage leave by 6 April 2026. However, private members’ bills to introduce paid leave or extending parental bereavement leave to those who experience miscarriage have not progressed through the UK parliament. The UK govt. has indicated that it has no plans to introduce this right for employees in England and Wales. The Labour Party has proposals which could allow mothers up to 20 days of paid leave after suffering miscarriage, but how high this is on their current extensive list of priorities is not known. NHS England recently introduced up to 10 days of paid leave for NHS staff who suffer a miscarriage, and up to five days leave for their partners.
Employees want more sustainable employee benefits
More than half of employees would like their company to invest in more sustainable benefits such as electric vehicles and sustainable pension funds, a research survey by Zest reveals. Employee Benefits reports that the survey also found that more than half of employees wanted their employer to invest more in sustainability. The numbers were even higher for workers aged 18 – 34. The workforce is increasingly interested in what employers are doing about sustainability and is therefore an important factor in attracting and retaining talent and adapting to the demands of a new generation entering the workforce.
Call for evidence on reform of fit notes
Last week, the Department for Work and Pensions issued a call for evidence on fit note effectiveness. The DWP notes that “long term sickness is now the main cause of economic inactivity amongst the working age population”, and it aims to improve the system to help people stay in work and return to work more quickly. Employers are asked to comment on how effective they find the current process; what additional information a fit note can provide that will help the employer support employees return to work; and how it can improve work and health conversations. The govt. plans to undertake a full consultation on specific policy proposals in late 2024. Employers can respond here (by 8 July 2024).
Chag Pesach Sameach/Happy Passover!
As our Jewish colleagues and clients around the world prepare for the weeklong festival, we extend a wish of a peaceful and joyous Passover to everyone celebrating.
This page is updated weekly with News and Views from that week’s employment weekly briefing email. For previous articles, please contact us: Employment Law Plus.
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Employment law horizon watching | Upcoming employment law changes