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The Year Ahead For Employment Law – What To Expect In 2022

Take a look at the variety of changes to Employment Law that Employers can expect to see come in to place in 2022.

Carers’ Leave

The Government announced in 2021 an intention to introduce the right for carers to take 1 week of unpaid carers leave. No timeframe was set but it is expected it will be brought in during 2022. See our earlier article for further details on carers leave –


Flexible Working

It is expected that legislation will come in that gives employees the right to request flexible working arrangements at the outset of their employment, rather than having to wait 26 weeks as is currently the position. Many employees will already be offering flexible working to new employees both due to the impact of Covid, but also as a way of attracting and retaining the right employees.


Holiday Pay

The Supreme Court will determine two issues relating to holiday pay:

Harpur Trust v Brazel – this will set out how to calculate holiday entitlement for workers who work part of the year.

Smith v Pimlico Plumbers – whether a worker was entitled to carry over the right to payment for holiday taken but not paid for into subsequent holiday years and be entitled to be paid for all of it on termination.


Increase in National Insurance contributions

From 6th April 2022, national insurance contributions for employers and employees will rise by 1.25%.


Increase to National Minimum Wage (NMW)

April 2022 will see the usual increase to the NMW, however, the increases are slightly higher than usual. From 1st April 2022, employers will have to pay NMW rates of:

  • Aged 23 and over: £9.50 (up from £8.91)
  • Aged 21 to 22: £9.18 (up from £8.36)
  • Aged 18 to 20: £6.83 (up from £6.56)
  • Aged 16 to 17: £4.81 (up from £4.62)
  • Apprentice rate: £4.81 (up from £4.30)


Sexual Harassment

It is expected that a positive duty will be imposed on employers to “take all reasonable steps” to prevent sexual harassment in the workplace and protection will be put in place for employees from harassment by clients and customers.

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