Impact of the new Employment Rights Bill on women in workplace

The UK’s new Employment Rights Bill introduces several significant changes aimed at enhancing workplace protections and support for women. A lot of these changes are designed to positively impact women in the workplace, but the question remains: will they, and to what degree?

Enhanced protections for pregnant women and new mothers

One of the most noteworthy aspects of the Bill is the strengthened protections against dismissal for pregnant women and new mothers. Under the new legislation, these protections extend throughout pregnancy, maternity leave and for six months after returning to work. This ensures greater job security during these critical periods, allowing women to focus on their health and new responsibilities without the added stress of job insecurity. Initially, this appears to be a real positive if it offers even more protection for women during this time. It also builds on existing legislation that protects women from being unfairly selected for redundancy while pregnant, on maternity leave and for six months after returning to work.

Employer support for menopause

The Bill states that large employers must create action plans to support employees going through menopause. This includes measures to address any workplace challenges related to menopause, such as flexible working arrangements, temperature control in the workplace, and access to other support. By acknowledging and addressing the impact of menopause, the Bill promotes a more inclusive and supportive work environment for women. This recognises the issues women face during menopause, but it will be up to employers to truly engage with real support for women. 

Gender equality initiatives by employers

The gender pay gap has only improved very slightly since the introduction of legislation in 2017, which made it mandatory for larger employers to calculate and publish their gaps. To tackle the ongoing issue of gender pay gaps, the Bill requires employers to take more proactive steps. This includes creating and implementing action plans to promote gender equality within the workplace.

Employers will need to regularly review their pay structures and practices to ensure fairness and transparency, helping to close the gender pay gap and promote equal opportunities for women. This is a positive step, but it still depends on employers to genuinely engage with the aims of the initiative and try to positively effect change within their own organisations.

Sexual harassment prevention

The Bill introduces more obligations for employers to prevent sexual harassment, including harassment by third parties such as clients or customers. Employers must take all reasonable steps to create a safe working environment, which includes implementing robust policies, providing training, and ensuring there are clear reporting mechanisms in place. This enhances the responsibility of employers to protect their employees and fosters a safer workplace for women. This is significant as there is a financial penalty if employers do not respond appropriately. Tribunals can now uplift compensation in this area by 25% where employers are found to have done less than they reasonably should have to prevent sexual harassment in the workplace. All reasonable steps will mean different things to different organisations, and undoubtedly the size of business and the type of interactions employees have during the course of their employment will need to be reviewed so that the right interventions can be implemented.

Flexible working for women

The right to request flexible working arrangements is another change brought by the Bill. Flexible working can be particularly beneficial for women who juggle work and family responsibilities.

However, it is not clear how much easier this new Bill will make it for women under this new regime. Organisations will still be able to turn requests down. They will have to consult and explain why they cannot agree to the request and will probably now be required to give a written response, which will need to provide the individual with context for the decision-making so it is well understood.

But that is not dissimilar to the current situation. At face value, this seems to offer women very little more than they already have and does not appear to be that impactful.

Conclusion

The new Employment Rights Bill represents a significant step forward in creating a more equitable and supportive work environment for women. By addressing key issues such as job security, menopause support, gender pay gaps, sexual harassment and flexible working, the Bill aims to remove barriers and promote equality in the workplace. However, the onus is on employers to actively engage with these new measures. Employers must take proactive steps to implement the required changes and foster a culture that truly supports women. Only through genuine commitment and action can the full benefits of the Bill be realised.

For a conversation with one of our employment experts, please contact Kerri Constable or Steve Sweetlove.