In this article, we summarise recent employment law news including employment status for Uber drivers, authorising fit notes, an update on the Neonatal Care (Leave and Pay) Bill and more!
New guidance on employment status
Following the Supreme Court’s landmark ruling which found that Uber drivers were workers, the government has launched new guidance on employment status. There are two separate pieces of guidance tailored for:
- individuals to help them understand their employment status so that they know their rights, can have informed discussions with their employer about them, and can take steps to claim them and have them enforced where necessary; and
- employers or engagers to help them understand individuals’ employment status so they comply with the law, helping ensure individuals receive the rights they are entitled to, and to avoid unnecessary disputes and associated costs.
New guidance brings clarity on employment status for workers and businesses – GOV.UK (www.gov.uk)
New regulations for fit notes
In our May newsletter we explained that the requirement for doctors to wet sign fit notes was being removed and fit notes could be issued digitally. Since then, more changes have come into force, and new regulations allow other healthcare professionals to authorise fit notes (registered nurses, occupational therapists, pharmacists and physiotherapists).
With fit notes now being issued digitally, without the requirement for a signature, the potential for fraud may be more significant. Employers concerned as to the genuineness of a fit note should contact the authoriser to make the necessary checks.
Neonatal Care (Leave and Pay) Bill
The government has announced that it is backing the Neonatal Care (Leave and Pay) Bill which would allow parents to each take up to 12 weeks of paid leave, in addition to other leave entitlements, so they can spend more time with their baby in neonatal care. Watch this space for updates.
Employment (Allocation of TIPS) Bill
The government is also backing the Employment (Allocation of TIPS) Bill which would ensure that tips go to workers by making it unlawful for businesses to hold back service charges. Watch this space for updates.
Engaging temporary workers when industrial action is taking place
Following the introduction of the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 on 21st July 2022, employers will now be able to engage temporary workers when industrial action is taking place. They revoke Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 which prevented an employment business from supplying temporary workers to perform duties normally performed by a worker who is on strike or taking official industrial action, or the duties normally performed by any other worker who has been assigned to cover a striking worker.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please do contact a member of our team.
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Greg Jones (gregjones@greene-greene.com ~ 01284 717446)
Angharad Ellis Owen (aeo@greene-greene.com ~ 01284 717453)
Katie Harris-Wright (katieharris-wright@Greene-Greene.com ~ 01284 717442)
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