In recent years, the UK has made significant strides towards improving support for working families. With a growing focus on creating a more inclusive and fair working environment, the Employment Rights and Benefits (ERB) Series introduces a set of updates aimed at expanding employment protections for families. These changes are designed to enhance maternity, paternity, and parental leave provisions, while also strengthening protections for employees experiencing pregnancy-related health issues. As these changes roll out, the role of HR in managing these updates has become more vital than ever. In this blog, we’ll explore how the new ERB Series updates impact UK employment law, the crucial role HR plays in managing these changes, and how Bhayani HR & Employment Law can assist businesses in adapting to the evolving legal landscape.
Key Updates in the ERB Series
The latest updates within the ERB Series primarily address the rights of employees who are expanding their families, providing them with better protections and support during key family milestones. Here are the main changes:
1. Enhanced Maternity and Paternity Rights: Maternity leave and pay have been extended, allowing new mothers more time off work while ensuring they have greater financial security during their leave. In tandem, paternity leave has also been expanded, providing fathers and partners with the opportunity to take additional time off to care for their newborn.
2. Increased Protections for Pregnant Workers: New provisions ensure that employees who are pregnant or suffering from pregnancy-related illnesses are provided with more robust job security. Employers must now make reasonable adjustments to accommodate these employees, ensuring they can continue working comfortably without facing discrimination or unnecessary hardship.
3. More Flexible Shared Parental Leave: Shared parental leave (SPL) has become more flexible, allowing both parents to share time off after the birth of their child. This policy shift recognises the importance of both parents’ involvement in early childcare, offering greater flexibility to balance work and family commitments.
4. Parental Pay and Benefits Updates: The updates to parental pay ensure a more inclusive approach to financial support for all types of families, regardless of gender or family structure. This is part of an ongoing effort to close the pay gap and provide fairer benefits to working parents.
5. Redundancy Protection for Parents: An important aspect of the updates is the redundancy protection period introduced for employees on maternity, paternity, or shared parental leave. Under the Employment Rights Bill, employees are now better protected from redundancy during key life events such as pregnancy and parental leave. For pregnant employees, the redundancy protection period begins when they inform their employer of their pregnancy and lasts until 18 months after the birth of their child (or, if the birth date is not provided, the expected week of childbirth).
In the case of adoption, the protected period begins on the date the child is placed for adoption or, in the case of an overseas adoption, the date the child enters England, Scotland, or Wales.
For employees taking shared parental leave, the protection starts on the first day of shared parental leave and ends either at the conclusion of a block of leave (if less than 6 weeks is taken) or 18 months after the child’s birth (if 6 or more weeks of continuous leave are taken). If discontinuous leave is taken, the redundancy protection period ends at the close of each separate leave period.
The Role of HR in Managing These Updates
The role of HR in managing these changes cannot be overstated. HR professionals are tasked with ensuring that businesses stay compliant with these updates while also fostering an inclusive and supportive work environment for all employees. Here’s how HR plays a critical part:
1. Policy Development and Implementation: One of the primary responsibilities of HR is to develop, update, and implement policies that reflect the latest changes in employment law. HR departments need to ensure that maternity, paternity, and shared parental leave policies are clear, accessible, and in line with the latest legal requirements. Having strong policies in place reduces the risk of confusion and potential legal issues.
2. Training and Development: HR teams are responsible for training managers and staff on the new rights and entitlements under the ERB Series. This training ensures that everyone is aware of the changes and understands how to handle situations related to maternity, paternity, and parental leave in compliance with the law.
3. Employee Support: HR professionals must be proactive in supporting employees who are pregnant, on maternity leave, or experiencing health complications due to pregnancy. This may include providing guidance on their rights, offering reasonable adjustments, and ensuring that employees feel valued and supported during these significant life events.
4. Workplace Adjustments: HR professionals need to collaborate with line managers to ensure that any necessary workplace adjustments are made for employees returning to work after maternity or parental leave. These adjustments could include flexible working hours, remote working options, or temporary changes to job responsibilities.
5. Record Keeping and Compliance: HR departments must maintain accurate records of employees’ leave and pay entitlements, ensuring that all statutory requirements are met. Regular audits should be carried out to ensure compliance with the law, and any concerns raised by employees should be addressed promptly to avoid potential disputes.
How Bhayani HR & Employment Law Can Help
Navigating the complexities of UK employment law can be challenging, especially when managing the rights and responsibilities surrounding maternity, paternity, and parental leave. That’s where Bhayani HR & Employment Law comes in. Our team of legal and HR experts can help businesses stay on top of the latest legal changes and ensure full compliance with the ERB Series updates. Here’s how we can assist:
1. Policy Reviews and Updates: We can review your current HR policies to ensure they align with the new legal framework. Our experts will provide tailored advice to update your maternity, paternity, and shared parental leave policies, ensuring they comply with the latest legislation.
2. HR Training and Workshops: We offer bespoke training sessions for HR teams and line managers to help them understand the new rights and responsibilities under the ERB Series. This will ensure your staff is well-prepared to manage the evolving needs of employees, particularly those expanding their families. To find out more about our HR Essentials fully funded training course on 21st and 22nd January, click here.
3. Dispute Resolution: If any disputes arise related to pregnancy, maternity leave, or parental rights, we can help mediate and resolve issues in a way that is fair and in line with the law. Our team can provide expert advice on how to manage potential claims related to pregnancy-related discrimination or unfair treatment during maternity leave.
4. Support for Employee Relations: We can help you manage sensitive employee relations issues related to parental leave, ensuring that all employees feel supported and treated fairly. This may include guidance on flexible working arrangements or how to handle requests for maternity or paternity leave.
5. Ensuring Compliance and Risk Mitigation: Bhayani HR & Employment Law can assist you in managing compliance with all relevant employment laws. This is crucial to minimise the risk of legal challenges or disputes over employee entitlements. We can also offer ongoing support to ensure your business adapts quickly to any further changes in employment law. Take a look at our fixed fee Watertight HR & Legal Retainer here to find out how we can save your business time and money.
At Bhayani HR & Employment Law, we understand the importance of these changes and the role that HR professionals play in managing them. Our team is here to provide tailored legal advice, training, and support, helping businesses save money and navigate the evolving landscape of employment law. Reach out today to find out how we can help your business remain compliant and supportive of its employees during this period of change.
Call 0333 888 1360 or email [email protected] for expert advice and support.
