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20.5.2011 
The Department for Business Innovation and Skills (BIS) has released a consultation document, 'Consultation on Modern Workplaces'.
In a press release, BIS stated the motivation for the proposed changes:
“Current regulations are too rigid, reflect outdated notions of parenting and family responsibilities and restrict employers. Ministers want to help parents and business by giving them much greater choice and flexibility.”
The proposals are as follows:
Flexible parental leave
Retaining an 18 week maternity leave period for mothers, and reclassifying the remaining maternity leave as 'parental leave', allowing it to be taken by either the child’s mother, father or both. However the leave is taken, the majority of it will be paid. The consultation will also consider allowing employers and employees to agree for parental leave to be taken in separate sections or on a part-time basis.
Flexible Working
Extending the right to request flexible working to all employees. It currently only applies to those employees with children under 17 (or 18 for parents of disabled children).
Working Time Regulations
Amending the WTR to enshrine European case law, by stating that employees are able to carry over untaken annual leave into subsequent holiday years in circumstances where they have lost the chance to take paid holiday because of sickness absence and/or maternity/parental leave. It is proposed that carried-over holiday for sickness absence will be limited to the four weeks' compulsory paid leave under the European Working Time Directive (meaning the employee would lose the extra 1.6 weeks they receive, above EU minimum requirements, under the WTR). The government is also looking into proposals to allow employers to 'buy out' the extra 1.6 weeks.
Equal Pay
Introducing a requirement that employment tribunals must make employers conduct a pay audit if they have been found guilty of breaching equal pay legislation (except in situations where it would not be productive to do so).
The consultation closes on 8th August 2011 and further information can be found at the Consultations section of the BIS website.
This bulletin is for general guidance purposes only and should not be used for any other purpose.
Brabners Chaffe Street is a Limited Liability Partnership
© Brabners Chaffe Street LLP 2011. All rights reserved
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