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  1. Home
  2. Research and policy
  3. Influencing the law and policy
  4. Our responses to consultations
  5. Employment law

Employment law

Making Work Pay: Consultation on strengthening remedies against abuse of rules on collective redundancy and fire and rehire- December 2024

The UK Government sought views on increasing the level of protective award an employment tribunal can make and on applying interim relief to collective consultation and fire and rehire obligations. 

  • Read more on the UK Government website. 
  • Read our response (December 2024). 

Making Work Pay: Consultation on the application of zero hours contracts measures to agency workers- December 2024

The UK Government sought views on how to apply zero hour contract measures to agency workers, to help ensure that the measures within the Employment Rights Bill are effective and appropriately applied. 

  • Read more on the UK Government website. 
  • Read our response (December 2024). 

Making Work Pay: Strengthening Statutory Sick Pay Consultation - December 2024

The UK Government Department for Work and Pensions sought views on a consultation on the percentage rate for those earning below the current rate of Statutory Sick Pay. 

  • Read more on the UK Government website. 
  • Read our response. 

Changes to the procedure rules on the provision of written reasons for decisions - October 2024

The UK Government's Tribunal Procedure Committee (TPC) has issued a consultation on a potential rule change to amend the rules for each chamber of the first-tier tribunal and the employment tribunals concerning the extent to which each tribunal is obliged to provide written reasons for decisions disposing of proceedings.

  • Read more about the consultation on the UK Government website
  • Read our response (October 2024)

 

Equality and Human Rights Commission Consultation: technical guidance on sexual harassment and harassment at work - August 2024

In January 2020 the Equality and Human Rights Commission issued technical guidance on sexual harassment and harassment at work to help employers, workers and their representatives understand how the Equality Act 2010 prohibits harassment at work. 

This guidance has now been updated to include information on the new preventative duty so that employers understand their new obligations under equality law and launched a consultation to make sure that the new section is clear and helpful.

  • Read the Sexual harassment and harassment at work technical guidance
  • Find out more about the consultation
  • Read our response

Consultation on clarifications to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and abolishing the legal framework for European Works Councils - July 2024

The UK Government Department for Business and Trade launched a consultation on proposals to reaffirm that TUPE only applies to employees, and to prevent complex contract ‘splitting’ in cases where a business is split between multiple transferees.

  • Find out more about the consultation
  • Read our response

Possible Changes to the Employment Tribunal Rules (April 2024)

The UK Government launched a consultation to seek views on the rules changes that will be required to give effect to the transfer of rulemaking responsibility. 

  • Read more about the consultation on the UK Government website. 
  • Read our response (June 2024). 

Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal

The Ministry of Justice launched a consultation on proposals for introducing fees in the Employment Tribunals and the Employment Appeal Tribunal.

  • Read more about the consultation on the UK Government website.
  • Read our response (March 2024).

ICO consultation on draft employment practices

The Information Commissioner's Office is producing an online resource with topic-specific guidance on employment practices and data protection. 

  • Read the draft guidance on keeping employment records on the ICO website.
  • Read our response (March 2024).
  • Read the draft guidance on recruitment and selection on the ICO website.
  • Read our response (March 2024).

Acas consultation: Predictable working pattern Code of Practice (January 2024)

Acas issued a consultation on the draft Code of Practice on handling requests for a predictable working pattern.

  • Read the consultation on the Acas website.
  • Read our response (January 2024).

Work and Pensions Committee call for evidence: Statutory Sick Pay (December 2023)

The Work and Pensions Select Committee launched a call for evidence on statutory sick pay

  • Read the call for evidence on the UK Parliament website.
  • Read our response (December 2023).

Open Justice: the way forward- September 2023

The Ministry of Justice issued a consultation seeking evidence on a range of topics covering open justice, access to data, and the transparency of our court and tribunal services.

  • Read the consultation on the Ministry of Justice website.
  • Read our response (September 2023)

Acas consultation on the flexible working Code of Practice- September 2023

Acas issued a consultation on the draft Code of Practice on handling requests for flexible working.

  • Read the consultation on the Acas website.
  • Read our response (September 2023).

Employment Appeal Tribunal Rules and Practice Direction June/July 2023 Consultation- July 2023

The President of the Employment Appeal Tribunal launched a consultation on proposed amendments to the Employment Appeal Tribunal Rules 1993 and on a new Practice Direction for the EAT.

  • Read our response.

Retained EU employment law reforms- July 2023

The Department for Business & Trade launched a consultation on reforms to the Working Time Regulations, holiday pay, and the Transfer of Undertakings (Protection of Employment) Regulations.

  • Read the consultation on the Department for Business & Trade website.
  • Read our response.

Panel composition in the Employment Tribunal and Employment Appeal Tribunal- April 2023

The Senior President of Tribunals (SPT) issued a consultation on proposals as to how the SPT should exercise powers to determine the composition of the employment tribunals and Employment Appeal Tribunal.

  • Read the consultation on the Courts and Tribunals Judiciary website.
  • Read our response.

Draft Code of Practice on dismissal and re-engagement- April 2023

The Department for Business, Energy and Industrial Strategy issued a consultation on a draft Statutory Code of Practice on Dismissal and Re-engagement.

  • Read the consultation.
  • Read our response.

Calculating holiday entitlement for part-year and irregular hours workers- March 2023

The Department for Business, Energy and Industrial Strategy issued a consultation on calculating holiday entitlement for part-year and irregular hours workers.

  • Read the consultation.
  • View our response.

Conditions for harbour access and seafarers' pay-rates: scope and compliance - June 2022

The UK Government held a consultation seeking views on proposed new legislation on seafarers’ wage protection. This protection would be achieved by introducing conditions for access to UK ports.

  • Find out more on the UK Government website
  • Read our response

Disability workforce reporting – April 2022

The Cabinet Office Disability Unit issued a consultation to explore the topic of workforce reporting on disability – both voluntary and mandatory – for large employers (250 employees and above).

  • View the consultation on the UK Government's website.
  • Read our response.

Making flexible working the default – December 2021

The UK Government launched a consultation seeking views on proposals to reform flexible working regulations.

  • View the consultation on the UK Government's website
  • Read our response

Exclusivity clauses – February 2021

The Department for Business, Energy and Industrial Strategy issued a consultation on measures to extend the ban on exclusivity clauses in contracts of employment.

  • Read the consultation
  • View our response

Non-compete clauses – February 2021

Department for Business, Energy and Industrial Strategy issued a consultation on measures to reform post-termination non-compete clauses in contracts of employment.

  • Read the consultation
  • View our response

Mandatory retirement age for judicial office holders – October 2020

The UK government invited views on proposals to raise the mandatory retirement age for judicial office holders, including judges in courts in England and Wales, the Unified Tribunals and some other tribunals, magistrates in England and Wales and coroners in England, Wales and Northern Ireland.

  • Read the U.K. Government's consultation
  • View the Law Society of Scotland's response (October 2020)

Carer's Leave – August 2020

The U.K. Government issued a consultation on proposals to give employees a week of unpaid leave each year to provide care.

  • Read the U.K. Government consultation here
  • View the Law Society of Scotland's response here (August 2020)

Good Work Plan: Proposals to support families – neonatal leave and pay – October 2019

The U.K. Government issued a consultation on the Good Work Plan: Proposals to support families – neonatal leave and pay.

  • Read the U.K. Government consultation here
  • View the Law Society of Scotland's response here

Good Work Plan: one-sided flexibility - addressing unfair flexible working practices consultation – October 2019

The U.K. Government issued a consultation on the Good Work Plan: one-sided flexibility - addressing unfair flexible working practices.

  • Read the U.K. Government consultation here
  • View the Law Society of Scotland's response here

Good Work Plan: Proposals to support families consultation – October 2019

The U.K. Government issued a consultation on the Good Work Plan: Proposals to support families – Transparency of flexible working and family related leave and pay policies.

  • Read the U.K. Government consultation here
  • View the Law Society of Scotland's response here
     

Good work plan: establishing a new single enforcement body for employment rights consulatation – October 2019

The U.K. Government issued a consultation on a Good work plan: establishing a new single enforcement body for employment rights.

  • Read the U.K. Government consultation here
  • View the Law Society of Scotland's response here

 

Confidentiality Clauses consultation – April 2019

The UK Government Department for Business, Energy and Industrial Strategy has issued a consultation on proposals to improve the regulation of confidentiality clauses, also known as non-disclosure agreements or NDAs.

  • View the consultation on the GOV.UK Website
  • The Law Society of Scotland's response (April 2019)

Pregnancy and maternity discrimination: extending redundancy protection for women and new parents – April 2019

The UK Government Department for Business, Energy and Industrial Strategy has issued a consultation on extending redundancy protection for pregnant women and new parents.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (April 2019)

Ethnicity pay reporting – January 2019

The Department for Business, Energy & Industrial Strategy and the Race Disparity Unit have issued a consultation on ethnicity pay reporting by employers.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (January 2019)

Employment status consultation – June 2018

The Department for Business, Energy and Industrial Energy has issued a consultation on how to make the employment status rules for employment rights and tax clearer for individuals and businesses.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (June 2018)

Good Work: the Taylor Review of Modern Employment Practices – Consultation on measures to increase transparency in the UK labour market – May 2018

The UK Government's Department for Business, Energy and Industrial Strategy has issued a consultation on measures to increase transparency in the UK labour market.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (May 2018)

Good Work: the Taylor Review of Modern Employment Practices – Consultation on enforcement of employment rights recommendations – May 2018

The UK Government's Department for Business, Energy & Industrial Strategy has issued a consultation on the recommendations in the Review of Modern Working Practices on the enforcement of employment rights.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (May 2018)

Agency workers recommendations – May 2018

The Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on the recommendations made in the Matthew Taylor 'Review of modern employment practices' regarding agency workers.

  • View the consultation on the GOV.UK website
  • The Law Society of Scotland's response (May 2018)

Sexual harassment in the workplace inquiry – March 2018

The UK Parliament's Women and Equalities Committee has launched an inquiry on sexual harassment in the workplace.

  • View the inquiry on the UK Parliament website
  • The Law Society of Scotland's response (March 2018)

Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK) Ltd – August 2017

The Employment Tribunals has issued a judicial consultation on awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK) Ltd

  • View the consultation document here
  • The Law Society of Scotland's response (August 2017)

Review of Introduction of Fees in Employment Tribunals – March 2017

The Ministry of Justice has launched a consultation on proposals for an adjustment to the Help with Fees scheme to extend the scope of support available to people on lower incomes.

  • View the consultation on the Ministry of Justice website
  • The Law Society of Scotland's response (March 2017)

 

Employment Law Sub-Committee

Our expert group on employment law.

Read more about Employment Law Sub-Committee

Our input to parliamentary bills

To help shape good law, we regularly provide responses and briefings related to bills from Holyrood and Westminster.

Read more about Our input to parliamentary bills

Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

Read more about Influencing the law and policy
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