Employment lawyers predict workplace tension

A raft of new employment law measures were announced by the government in last week’s Queen’s Speech—some of which could prove contentious, lawyers say.

Richard Nicolle, partner in Denton Wilde Sapte’s employment and benefits practice, says the most controversial proposal is the extension of the right for parents to request flexible working arrangements.
Although this extends only to the right to request flexible working—not the right to have it—he says, an extension of the number of employees working on a flexible basis will create controversy. 

“The increase in flexible working will concern some employers and create tensions in the workplace if full-time employees consider they are shouldering an undue burden as a result of others working flexibly. The risk for employers of refusing requests from mothers will be that a refusal may be seen as indirectly discriminatory on account of sex,” he says.

Many employers will also be concerned about the potential costs and administrative time of the requirements under the Pensions Bill for the introduction of compulsory employer pension contributions from 2012.
“All employees will be automatically enrolled to such schemes thus removing the difficulty many employees face when starting a new job. Employees can opt out, but those who do not will be obliged to pay in 4%, which would be matched by 3% contribution from their employer and 1% from the government,” says Nicolle.

A new Employment Bill was also proposed which, Nicolle says, partly represents the government’s response to criticism from employers’ organisations that the plethora of employment regulation has adversely affected business.

“One of the intentions of the Bill is to remove unnecessary employment law, most notably the current statutory dismissal and grievance procedures.”
The most significant omission, he adds, was there being no mention of the long-mooted Single Equality Bill.