Statutory Neonatal Care Leave and Pay Coming into Force on April 6, 2025
New Legislation Enacted
By: Stephanie Compson, Professional Support Lawyer, and Kate Davies, Paralegal
Regulations have confirmed that new entitlements to statutory neonatal care leave (SNCL) and pay (SNCP), subject to qualifying criteria, will come into force on April 6, 2025. Employees with a “qualifying relationship” with a baby born on or after April 6, 2025, who receives neonatal care within 28 days of birth that continues for at least seven days without interruption, will be entitled to SNCL. The entitlement to SNCL is up to 12 weeks of neonatal care leave, based on the length of time the child is receiving neonatal care. Employees may also be entitled to SNCP where they meet additional eligibility criteria. Please review our article for additional details.
Higgs v. Farmor’s School
New Legislation Enacted
By: Caroline Baker, Partner
On February 12, 2025, the Court of Appeal held that an employee, a pastoral administrator and work experience manager at the school, had been directly discriminated against on the ground of their religion or belief. The employee was dismissed following an investigation into complaints about their “offensive” posts on social media criticizing the teaching of same-sex relationships and gender in schools. The employee brought claims for harassment and direct discrimination based on their beliefs, including a belief in marriage as a divinely instituted union between one man and one woman.
The court found that while the school had valid concerns, the dismissal was a disproportionate response. Key factors included the posts not being “grossly” offensive, the objectionable language not being the employee’s own words, no evidence of reputational damage, and no complaints about their treatment of pupils. This case shows that it may be increasingly difficult to justify a dismissal as being a proportionate response to a manifestation of an employee’s protected belief.
Tribunals Given Power to Uplift Protective Awards for Failure to Follow Code of Practice on Dismissal and Re-engagement
New Legislation Enacted
By: Ben Rouse, Associate
When an employer proposes to dismiss 20 or more employees as redundant within a period of 90 days or less, they must comply with specific collective consultation obligations. Failure to meet these obligations can result in employment tribunals issuing “protective awards” of 90 days’ gross pay per employee against the employer.
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, effective January 20, 2025, allows tribunals to increase a protective award by up to 25% if the employer fails to follow the statutory Code of Practice on Dismissal and Re-engagement in a “fire and rehire” scenario. Conversely, if the employee fails to comply with the code, the protective award can be reduced by the same amount.
Changes to the UK Immigration Rules and Sponsor Guidance
New Regulation or Official Guidance
By: Hannah Drury, Associate
Recent changes to the UK’s immigration rules include the phasing out of physical biometric residence permits (BRPs) in favour of eVisas. Employers should now use eVisas when generating share codes to check workers’ right to work. Expired but unclipped passports are still accepted as proof of the right to work, while clipped passports are no longer valid. Additionally, new restrictions on the costs that can be recouped from sponsored workers have been introduced, including prohibitions on recouping the Skilled Worker sponsor license fee and associated administrative costs. Attempting to claw back these costs may result in the revocation of the sponsor license. The Home Office has clarified that Employers of Record cannot sponsor workers to work elsewhere, and sponsors must not act as recruitment agencies for other organizations. Stronger measures will be added to the Employment Rights Bill to penalize sponsors who repeatedly defy visa rules, with enforceable action plans expected to be extended from three months to a year. Sponsors found not complying with immigration rules may face longer cooling-off periods before reapplying for a new license. These changes highlight the need for sponsors to prioritize compliance and adapt to the evolving regulatory landscape. (See Employer’s guide to right to work checks: 12 February 2025; and Guidance: Sponsor a Skilled Worker.)
Proposed Employment Rights Bill Changes
By: Laura Lobb, Partner
The Employment Rights Bill, introduced on October 10, 2024, aims to make wide-ranging reforms to employment law, including changes related to unfair dismissal, fire and rehire practices, collective redundancies, zero hours and low hours contracts, trade unions, and industrial action. The Bill also proposes establishing a new enforcement agency, the “Fair Work Agency.” Following recent government amendments, the Bill has doubled in size since its introduction, with significant changes approved in March 2025. These include adjustments to collective redundancy consultation rules, increasing the cap on protective awards from 90 days to 180 days, and enhancing the enforcement powers of the Fair Work Agency. The Fair Work Agency will have the authority to issue notices of underpayment, impose financial penalties, bring Employment Tribunal claims on behalf of workers, and offer legal assistance for employment cases. This represents a dramatic shift from the current position in the UK, where parties to employment litigation typically bear their own costs. The Bill is expected to pass by Summer 2025, but many reforms will require further detail through secondary legislation, codes of practice, and guidance. Please see our Reform Hub for more details.
