ICB continues to explain about the contents and provisions within the Great British Employment Rights Bill introduced by the UK Government on 10 October 2024.
This time, we look at the provisions with regard amendments to three statutory leave entitlements:
1. Bereavement Leave
2. Paternity Leave and
3. Unpaid Parental Leave
Bereavement Leave
Currently, there is no statutory right to take leave following a bereavement except those afforded by the Parental Bereavement (Leave and Pay) Act 2018. This applies when there is the bereavement of a child under the age of 18. This is a non-conditional right to leave (day one) and a conditional right to pay.
The Employment Rights Bill will amend the Employment Rights Act 1996 to give a day one right to leave where an employee suffers any bereavement, as long as the employee satisfies conditions specified in secondary legislation (Regulations) as to a relationship with the person who has died. The right to leave will see the 1996 Act amended so that entitlement extends to a ‘bereaved person’ rather than ‘bereaved parent’.
There are no provisions to amend The Social Security Contributions and Benefits Act 1992 which will make this a conditional paid entitlement.
Paternity Leave
Currently, for a partner to be entitled to Statutory Paternity Leave (SPL), they must have been employed for 26 weeks up to and into the Qualifying Week (birth) or Matching Week (adoption). Further, the employee cannot take SPL if they have taken Shared Parental Leave.
Simply, the Employment Rights Bill will amend the Employment Rights Act 1996 to say there is no minimum service criterion to take SPL meaning the entitlement will be available from day one of employment. The ‘father’ will be able to take the two-week SPL entitlement after taking a period of Shared Parental Leave.
The UK Government’s factsheet on these provisions and the Impact Assessment says that more people will be bought into the SPL regime and removing the continuity of service criterion will mean employees can move employments without forfeiting the right to take the entitlement.
There are no provisions to amend The Social Security Contributions and Benefits Act 1992 so the right to Statutory Paternity Pay remains a conditional one.
Unpaid Parental Leave
This is the entitlement that allows a parent to take 18 weeks’ unpaid leave for each child or adopted child up to their 18th birthday. This leave entitlement applies to each child not to an individual’s job, therefore, any leave that has been taken in a previous employment needs to be considered by a new employer.
Currently, there is a service criterion attached meaning the employee does not qualify if they have not been with the employer for one year. Simply, the Employment Rights Bill will amend the Employment Rights Act 1996 to say that there is no minimum service criterion for eligibility to unpaid parental leave.
For Bookkeepers
The right to be paid is not affected by provisions in the Employment Rights Bill. However, the rights to the following statutory leave types are from day one of employment:
- Bereavement
- Paternity Leave, and
- Unpaid Parental Leave
Employers will need to be made aware of these changes when the Bill receives Royal Assent, as policies and procedures will need to be amended – for employees in Great Britain.
Further, restrictions on the ability to take Statutory Paternity Leave after a period of Shared Parental Leave is removed, again affecting policies and procedures but also impacting software development.
It is unlikely this element of the 2024 Bill will come into force until 2026 and it is unlikely the UK Government will consult on these measures.