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Key Employment Changes 2021

2020 has seen us grappling with the coronavirus job retention scheme (CJRS), the CJRS bonus that is no more, the job support scheme that came and went, and the changes to claiming statutory sick pay. Not to mention the practical problems of having many workforces working from home. However, it is important to have one eye on what is on the horizon in terms of legislation, to enable HR Professionals to advise their businesses and plan for any incoming changes.

  • IR35

Changes to the off-payroll tax legislation, IR35, which was due to be implemented in April 2020, have been deferred to 6 April 2021.  The changes will only affect medium to large companies.

  • Positive discrimination

Positive action includes expressly saying that applicants are welcome from under-represented groups such as women or those from minority ethnic groups. It includes advertising roles in places where those who are under-represented are likely to see them. But appointing someone into a role just because they have a protected characteristic is positive discrimination. The only time a candidate’s protected characteristic should be considered is in a ‘tie break’ situation when there is no other way of separating two candidates.

  • New Legislation

In December 2019 the Queen’s speech heralded a number of proposed pieces of legislation. Some of these may have been overtaken by the events of the last nine months, but the key ones for HR are:

  • Extension to redundancy protections to prevent pregnancy/maternity discrimination
  • Introducing an entitlement to one week’s leave for unpaid carers
  • Allowing parents to take extended leave for neonatal care
  • Making flexible working the default unless employers have a good reason not to
  • A new, single enforcement body for employment rights
  • Passing legislation to ensure tips left for workers go to them in full
  • A new right for all workers to request a more ‘predictable’ contract
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