Irwin Mitchell | Employment Law Update

We round up the latest employment news.

Temporary rules on self-certifying illness

The government has introduced The Statutory Sick Pay (Medical Evidence) Regulations 2021, which came into force on Friday 17 December 2021. These extend the period employees can self-certify they are sick to 28 days, rather than the usual seven days. The rules apply to anyone who first became ill from Friday 10 December 2021 and remain unfit to work after seven days. However, anyone who was already signed off work via their GP will need to continue obtaining fit notes when their existing ones expire.

The scheme was introduced to free up GP’s time to roll out the COVID-19 booster scheme. It ends on Wednesday 26 January 2022.

SSP rebate scheme reopens to SME employers

The Government has temporarily reintroduced the SSP rebate scheme for COVID-19 related absences. Employers who have fewer than 250 employees can re-claim up two weeks’ SSP costs for staff who were self-isolating from Tuesday 21 December 2022. You can find out more about the rebate scheme here.

New COVID-19 travel rules

Travel rules have been relaxed in England and many people are starting to book foreign holidays. The new rules (which only apply to fully vaccinated people) require people who return to England from abroad to take a PCR or LFT within 48 hours of arrival. They don’t have to quarantine and only have to self-isolate if they test positive. But, unvaccinated staff will have to quarantine for the full 10 days.

This presents a number of challenges for employers whose staff have to quarantine but can’t work from home. You can find out how to overcome these here.

Changes to confirmatory PCR tests

The UK Health Security Agency has published new advice regarding COVID-19 testing. People who test positive on a LFT don’t need to obtain a confirmatory PCR test. Instead, they must report their result on the government website and self-isolate immediately.

Anyone who is eligible for the £500 Test and Trace Support Payment will be asked to take a confirmatory PCR test to enable them to access financial support.

Government announce all ‘Plan B’ rules to end in England

The government has announced that all COVID-19 restrictions currently in force in England (including mask wearing in public spaces and on public transport) will end on Wednesday 26 January 2022. However, the advice to work from home ends on Thursday 20 January 2022.

Women and Equalities Committee publishes report of Gender Recognition Reform

In 2016 the Women and Equalities Committee recommended that the government update the laws on gender recognition in line with the principles of self-declaration. The government then launched a consultation on the issue and, in 2020, it set out the steps it would take to reform the gender recognition process, which included reducing the fee payable to obtain a Gender Recognition Certificate and putting the application process online.

The Women and Equalities Committee launched a further enquiry and has now published its findings which criticise the government for not going far enough.

It recommends that the law is changed:

1. To allow trans people to self-declare their gender without the need to obtain medical evidence
2. To remove the requirement for trans people to demonstrate that they’ve lived in the acquired gender for two years
3. To remove the need for trans people to obtain agreement from their spouse before they can apply for a Gender Recognition Certificate.

Changes to right to work checks

The Home Office has updated its employer right to work checks guidance. It confirms that from Wednesday 6 April 2022, employers must carry out an online right to work check for anyone who holds a biometric card and can’t do a manual check.

Employers don’t have to undertake retrospective checks on anyone it employed before Wednesday 6 April 2022, but if they do and find out they don’t have the right to work in the UK, they must take ‘appropriate action’.

Scottish government says it will introduce a ‘right to disconnect’ for its staff

In December 2021, the Scottish Government committed to having ‘meaningful discussions’ on providing a ‘right to disconnect’ for government employees. The ‘right to disconnect’ focuses on allowing workers to disconnect from their jobs outside their contractual working hours.

There are regular complaints that remote working makes it difficult to properly ‘disconnect’ outside working hours, as the distinction between work and home life is blurred, which we explore here.

New consultation on disability and workplace practices

The government has published a consultation on the workforce reporting on disability for large employers (those employing at least 250 people). The consultation considers both mandatory and voluntary reporting.

The consultation closes at 11:45 pm on Friday 25 March 2022.

New government consultation on umbrella companies

The UK government is calling for evidence from umbrella companies, employment businesses, individuals/workers, end-hirers and representatives groups in order to assist with the forthcoming legislative changes that will affect umbrella companies and those who engage with them. You can read more about the consultation questions here.

The consultation closes on Tuesday 22 February 2022.

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News in Brief – January 2022

Temporary rules on self-certifying illness

SSP rebate scheme reopens to SME employers

New COVID-19 travel rules

Changes to confirmatory PCR tests

Government announce all ‘Plan B’ rules to end in England

Women and Equalities Committee publishes report of Gender Recognition Reform

Changes to right to work checks

Scottish government says it will introduce a ‘right to disconnect’ for its staff

New consultation on disability and workplace practices

New government consultation on umbrella companies

Read more - January 2022

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back

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News in Brief – January 2022

Temporary rules on self-certifying illness

SSP rebate scheme reopens to SME employers

New COVID-19 travel rules

Changes to confirmatory PCR tests

Government announce all ‘Plan B’ rules to end in England

Women and Equalities Committee publishes report of Gender Recognition Reform

Changes to right to work checks

Scottish government says it will introduce a ‘right to disconnect’ for its staff

New consultation on disability and workplace practices

New government consultation on umbrella companies

Read more - January 2022

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back