2022 Employment Law Trends – Where should our focus be?

Covid-19 Developments

The introduction of restrictions following the emergence of the Omicron variant has shown that Covid-19 is still an issue that requires consideration. Moving forward, businesses may again have to adapt to any relevant changes.

Vaccinations – will they become mandatory?

As of November 2021, it has become a mandatory requirement for care home workers to be vaccinated (exemptions aside). From April 2022, it will also become a requirement for healthcare professionals with face-to-face contact with patients to be vaccinated, again unless they are exempt.

However, the outcome of a judicial review into the lawfulness of these requirements are currently pending,

A broader question is whether more employers will introduce mandatory vaccination, testing or NHS Covid Pass policies. We have seen the emergence of this recently with Ikea being one of the first to adopt a mandatory vaccination policy. Only time will tell if these policies are to become commonplace.  Such policies could lead to litigation against employers who have implemented a “no jab, no job” policy.

Flexible working

Many businesses over the last 18 months have been required to change their approach to flexible working. Hybrid working has become the norm and flexible working is something that many employers have embraced. The delayed Employment Bill will go live in 2022, with the expected inclusion of a new right to request flexible working from day one of employment.

In terms of a timeline, the Government’s consultation on this proposal closed in 2021 so we can expect confirmation of the Government’s plans imminently.

Pay and holiday entitlement

Further changes to pay are set to be implemented in April 2022. The Department for Work and Pensions has published its proposed increases to the statutory benefit payments which will apply from April 2022. Key changes are:

• Statutory sick pay (SSP) will be £99.35 per week.
• Statutory maternity, paternity, adoption and shared parental pay together with maternity allowance will be £156.66 per week.

National Minimum Wage (NMW)

From April 2022, the NLW for workers aged 23 and over will rise from £8.91 to £9.50.

NMW rates will also rise as follows:

• 21 – 22 years old: £9.18.
• 18 – 20 years old: £6.83.
• 16 – 17 years old: £4.81.
• Apprentice rate: £4.81.
• Accommodation offset: £8.70.

The government has also announced that National Insurance Contributions will rise by 1.25% for most workers from 6 April 2022, in order to increase funding for the NHS and the social care sector.

Other changes on the horizon

• The Government has promised to introduce a new proactive duty on employers to prevent sexual harassment in the workplace and to bring back laws making employers responsible if employees are harassed by customers or other third parties.
• A new statutory code of practice will be published to support the duty to prevent sexual harassment, along with accessible guidance for employers. It is likely that this new duty, as well as protections from third party harassment, will apply subject to an ‘all reasonable steps’ defence.
• The Government has promised a new right to 12 weeks’ paid neonatal leave for parents whose babies spend time in neonatal care units.

Guiding you through 2022

We will be providing regular updates on all changes as they happen through our series of blogs and social media posts but if you require any more detailed employment law-related advice, please drop me a line at wilded@hevans.com, call me on 01633 760662 or visit www.hardingevans.com.