Upcoming Changes

Below is a list of upcoming employment law changes. In addition to the below, there will be changes as a result of case law. Below you will find highlights of employment law changes from the previous year.

Date

2021/2022 Planned and expected Changes  
Description
24 December 2021

The deadline for care home workers and volunteers that have provided a self-certification of exemption from the Covid vaccine must confirm their exemption status via the NHS Pass by 24 December 2021. 

31 December 2021 All claims under the SSP rebate scheme, closed on 30 September 2021, must be made by this date in order for the employer to get money back under this scheme.
1 April 2022

If successfully passed through parliament, this is likely going to be the date from which all those working on the frontline in health and social care, or ancillary to it, must be fully vaccinated.

5 April 2022

From this date, employers must revert to in person checks of right to work documentation. 

5 April 2022

National Living Wage will rise by 6.6%, from £8.91 per hour to £9.50 per hour - See NMW.

EXPECTED

No Date Confirmed

A duty requiring employers to prevent sexual harassment will be introduced, including explicit protections from third-party harassment. The time limit for bringing related claims will be looked at and possibly extended to 6 months.  

New law prohibiting confidentiality clauses in contracts or settlement agreements from preventing disclosures to the police, regulated health and care or legal professionals to be introduced.

New law requiring confidentiality clauses to set out their limitations to be introduced.

Laws on criminal record disclosures to be amended, reducing the disclosure period for sentences lasting four years or less.

Redundancy protection for new parents to be extended.

New law introducing the right for all workers to request a more predictable and stable contract after 26 weeks' service to be introduced, and requiring compensation for shifts cancelled at short notice.

New law to increase break in continuous employment from one week to four weeks to be introduced.

New law preventing deductions from 'tips' to be introduced.

New legislation to clarify employment status tests to be introduced.

Expected to come into force by April 2022, stronger enforcement powers for certification officers for trade unions to be introduced, as well as wider proactive investigatory powers.

New law introducing tribunal sanctions where organisations commit repeated breaches to be introduced.

Extension of shared parental leave to grandparents.

 

Date

2021 High Lights

Description
1 January 2021

New Immigration Laws – a new points-based immigration system came into force, meaning individuals arriving from the EEA states are now subject to the same visa requirements as those arriving from non-EEA states.

1st April 2021

New National Minimum Wage – See NMW

6 April 2021

Extension of IR35 to the Private Sector – Where Personal Services Companies are performing similar roles to employees, they should be taxed at source. The responsibility for decided if a contractor should fall within IR35 moves to the employer, and they also become liable for deducting the right amount of tax and NIC's. Many private companies have therefore made policy decisions that all Personal Services Companies will be taxed at source.

The new rules apply to organisations who have 2 or more of the following: More than 50 employees, an annual turnover or £10.2 million, a balance sheet worth over £5.1 million.

1st July 2021

EU Settlement Scheme & Right to Work in the UK checks - Until 30 June 2021, when conducting right to work checks in respect of EU, EEA or Swiss nationals, employers must ensure they obtain the individual’s passport or national identity card, or if the individual has been granted permission under the EU Settlement Scheme, they can share evidence of right to work using an online service. From 1 July 2021 onwards, the individual must either provide proof of permission under the EU Settlement Scheme, or if they arrived in the UK on or after 1 January 2021, they must provide a visa and any other necessary ID documentation. The government will shortly publish its new right to work guidance, which will apply from 1 July 2021 onwards.

September 2021

Coronavirus Job Retention Scheme – the government announced March that the scheme would be extended to the end of September 2021. Employers will be required to contribute from July 2021. See Furlough Scheme for more details. Employers should consider carefully the impact the closure of the scheme (when it comes to an end) will have on their business and plan ahead.