What Is In The Pipeline

UK Employment Law Timetable

The following Bills had been progressing through Parliament but were withdrawn when Parliament dissolved prior to the 2024 General Election. None of these are mentioned within the Employment Rights Bill or the Next Steps document; but they could be raised as Private Members Bills. I will watch each of them and update this page as and when anything happens.

What’s In The Pipeline?

Non-compete Restrictions
TBC New legislation is intended to curb the use of non-compete restrictive covenants while enabling businesses to compete and innovate.

The UK Government consulted on reform to post-termination non-compete clauses in contracts of employment between December 2020 and February 2021. No formal response to the consultation has been published but a policy paper was published in May 2023 announcing the UK Government’s intention to legislate to limit the length of non-compete clauses to three months. It is anticipated that this will affect 5 million UK workers. A non-compete clause prevents an employee from engaging, for a period of time, in any business that competes with the ex-employer’s business.

The policy paper explains that this limitation applies only to post-termination non-compete clauses. It will not interfere with an employer’s ability to use (paid) notice periods or gardening leave, nor will it impact on confidentiality clauses. Non-solicitation clauses that restrict employees from approaching their former employer’s customers, clients or suppliers will also be unaffected. The policy paper does not specifically address non-dealing clauses – these differ from non-solicitation clauses in as much as they restrict the employee from carrying on business with their former employer’s customers, clients or suppliers irrespective of who contacted whom – but it is thought that these will also be unaffected. Restrictions under the public sector Business Appointment Rules (that exist to prevent former civil servants and ministers from profiting from their knowledge of and contracts within Whitehall) will also be unaffected.

Status
In terms of implementation, this legislation is to be introduced in the UK Governments favourite timescale – ” when Parliamentary time allows”. So, when (or potentially if) this legislation will take effect is an unknown.
Continuous Employment
TBC

New legislation to increase the break needed to end continuous employment from one week to four weeks to be introduced.

Status
Data Protection and Digital Information
TBC A Bill to make provision for the regulation of the processing of information relating to identified or identifiable living individuals; to make provision about services consisting of the use of information to ascertain and verify facts about individuals; to make provision about access to customer data and business data; to make provision about privacy and electronic communications; to make provision about services for the provision of electronic signatures, electronic seals and other trust services; to make provision about the disclosure of information to improve public service delivery; to make provision for the implementation of agreements on sharing information for law enforcement purposes; to make provision about the keeping and maintenance of registers of births and deaths; to make provision about information standards for health and social care; to establish the Information Commission; to make provision about oversight of biometric data; and for connected purposes. Status
The Bill had its first reading in the House of Commons on 8 March 2023. The committee stage has now completed and has returned the Bill with amendments to the House. The next stage is the report stage, when further amendments can be made, a date has yet to be announced for the Report Stage.
Time off for Fertility Treatment
TBC A private member’s bill has been introduced by MP Nickie Aiken and would seek to allow women to take time off work for fertility treatment whilst also protect women who seek fertility treatment from any discrimination they may face in the workplace when pursuing fertility treatments such as IVF. Status
The Bill was introduced by Nickie Aiken (Conservative, City of London and Westminster) and had its first reading in the House of Commons on 11 December 2023. The dissolution of Parliament took place on Thursday 30 May 2024. This bill will make no further progress unless it is reintroduced when Parliament reconvenes after the General Election.
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Bullying and Respect at Work Bill
TBC A Bill to provide for a statutory definition of bullying at work; to make provision relating to bullying at work, including to enable claims relating to workplace bullying to be considered by an employment tribunal; to provide for a Respect at Work Code to set minimum standards for positive and respectful work environments; to give powers to the Equalities and Human Rights Commission to investigate workplaces and organisations where there is evidence of a culture of, or multiple incidents of, bullying and to take enforcement action; and for connected purposes. Status
The Bill was introduced by Rachel Gaskin (Labour, York) and had its first reading in the House of Commons on 11 July 2023. The dissolution of Parliament took place on Thursday 30 May 2024. This bill will make no further progress unless it is reintroduced when Parliament reconvenes after the General Election.
Protection for Whistleblowing Bill
TBC This is a Private Members’ Bill that originated in the House of Lords during the Session 2022-23.

This aim of the Bill is to establish an Office of the Whistleblower to protect whistleblowers and whistleblowing and to uphold the public interest in relation to whistleblowing; to create offences relating to the treatment of whistleblowers and the handling of whistleblowing cases; to repeal the Public Interest Disclosure Act 1998; and for connected purposes

Status
The First reading in the House of Lords took place on 13 June and the Second reading is scheduled for 2 December.
Working Time Regulations (Amendments) Bill
TBC A private member’s bill has been introduced by MP Peter Dowd to amend the Working Time Regulations 1998 to reduce the maximum working week from 48 hours per week to 32 hours per week and to provide for overtime pay; and for connected purposes. Status
The Bill was introduced to Parliament on 18 October 2022. The next stage for this Bill, Second reading, is scheduled to take place on Friday 20 October 2023.

Pension Automatic Enrolment
TBC 2023

The Bill aims to extend the automatic enrolment in to a pension scheme to jobholders under the age of 22.

Status
The Bill passed through the House of Commons, and is now at the second reading stage in the House of Lords (a date has yet to be scheduled).
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