Page 62 - CFJ_Apr26
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ADVICE & INFORMATION



               becoming reasonable to believe that they   steps to prevent it. This applies to any   day one of employment. Employers
               might qualify. This obligation continues   form of harassment, not just sexual   will need to handle requests promptly,
               throughout employment to ensure   harassment.                         consult with employees and provide
               ongoing access to information about   Further guidance will clarify what   sound business reasons for refusal.
               these rights. There will also be an opt-out   amounts to ‘all reasonable steps’, but   •  Collective redundancy: The act tightens
               mechanism for employers and unions   employers can expect to see expectations   obligations on employers undertaking
               to agree alternative arrangements via   around clear policies, risk assessments   large-scale redundancies, including
               a collective agreement, provided strict   and effective reporting and response   more detailed information and earlier
               conditions are met.               procedures.                         consultation requirements.
                Although much of the detail will follow   Reviewing current policies and   •  Statutory sick pay (SSP) and holidays:
               in future regulations, these changes mark   providing regular training for managers   SSP will become payable from the first
               a significant shift for businesses that   and staff will be key to ensuring everyone   day of sickness; the lower earnings
               rely on flexible labour. Employers need to   understands how to raise concerns and   limit will be removed; and new rules
               develop compliant internal processes.   how they will be addressed.   will require employers to keep clearer
               Stronger protections against        The act will also ban non-disclosure   records of working hours and holiday
               harassment and ban of NDAs        agreements (NDAs) that attempt to   accrual to ensure compliance with
               The Act strengthens employers’    prevent workers from speaking out about   working time regulations.
               obligation to tackle workplace    workplace harassment or discrimination
               harassment by expanding the current   - whether relating to an employee’s own   Preparing for change
               duty to require them to take all   experience or that of another employee.   While some measures may not come
               reasonable steps to prevent sexual   Whistleblowing protections will also be   into force until late 2026, or even later,
               harassment of staff. Although this new   extended to cover sexual harassment   taking steps now to understand the
               duty may not give rise to standalone   complaints, giving workers stronger   changes and plan ahead should make
               tribunal claims, it may influence the   safeguards.                  the transition smoother when the final
               outcome of harassment claims.       Employers should review how NDAs   provisions take effect.
                Additionally, a separate provision will   are used in settlement agreements and   Reviewing contracts, internal
               introduce protection for workers who   update whistleblowing and grievance   practices and policies will help identify
                                                 procedures to reflect these changes.
               experience harassment by third parties,                              where updates are likely to be needed.
               such as clients or customers, if the   Other measures                Additionally, keeping detailed and
               employer has not taken all reasonable   In addition to the headline reforms, the   accurate records, particularly around
                                                               act includes a range   working hours, contract changes and
                                                               of other significant   disciplinary processes, will be more
                                                               proposals that       important than ever.
                                                               employers should
                                                               have on their radar:  Furthermore, investing in staff training
                                                               • Trade unions and   can help ensure they understand the
                                                               industrial action:   new requirements and apply them
                                                               Protections for      consistently in practice.
                                                               workers involved      But in practical terms, the act could
                                                               in lawful trade      affect recruitment and staff turnover;
                                                               union activity or    with the unfair dismissal qualifying period
                                                               industrial action will   being shorter, employers will have to
                                                               be strengthened,     invest in better onboarding, probation
                                                               including new        policies, and documentation to reduce
                                                               safeguards against   early on employment disputes.
                                                               dismissal and clearer   As for payroll and HR matters, the
                                                               rules on picketing and   changes to SSP, enhanced leave rights,
                                                               balloting procedures.   and flexible working processes will
                                                               •  Family rights: Right   require updates to payroll, rotas, absence
                                                                 to take unpaid     tracking, and employee handbooks.
                                                                 parental leave and   And in terms of irregular hours workers,
                                                                 paternity leave will   new rights around shift cancellation and
                                                                 become a day one   guaranteed hours may well affect how
                                                                 right and there will   contractors structure their zero-hours or
                                                                 be a new right to
                                                                 bereavement leave.  casual arrangements.
                                                               • Flexible working:   Finally, there are the compliance risks
                                                                 Employees will     - tribunal claims, penalties, enforcement
                                                                 gain greater       action – that will likely rise. Simply put,
                                                                 rights to request   employers would be best advised keeping
                                                                 flexible working   an eye on this piece of legislation. 
                                                                 arrangements from   Mark Stevens is a legal director at VWV LLP


         62  CFJ April 2026                                                                       www.contractflooringjournal.co.uk
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