For much of 2020 and 2021, employers across the country from all sectors have had to adjust quickly to restrictions, new safety procedures, and different working environments - without significant time for planning or deliberation. As we move into 2022, we take a look below at what employment law developments may be on the cards for the coming year.

Legislative changes

There are a number of significant employment changes proposed by the Government but with no specific timeline attached to these – instead, they are to be introduced “when parliamentary time allows” - which doesn’t give us much of a steer. Areas to keep an eye on include:

• the new proposed duty to prevent sexual harassment, the reintroduction of provisions to prevent third-party harassment (this used to be law in this country before it was revoked) and legislation relating to the use of non-disclosure agreements to silence complainants in such discrimination cases;

• expansions to the right to request flexible working – although the Government’s response to the flexible working consultation is still awaited, changes in this area seem likely;

• the proposed introduction of a right to take one (working) week’s unpaid leave per year for the purpose of caring for a dependant with long-term care needs;

• reform of the law relating to whistleblowing – the Government has indicated that a review will be considered; and changes may be required to “maintain the level playing field” with Europe to keep pace with the...

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