Brooke Razor, Author at Laborsphere

The Employment Rights Bill: Key Changes and Implementation Timeline

The Employment Rights Bill introduces sweeping changes to the UK employment landscape, with new protections for workers and additional responsibilities for employers. Although many measures will take effect in stages between 2026 and 2027, businesses should be tracking developments now and preparing for the changes ahead. As a first step, reviewing employment contracts, workplace policies and practices will be essential to ensure compliance when the new measures take effect.

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UK Government Plans to Introduce the ‘Right to Switch Off’

The UK government has recently indicated that it intends to introduce the “right to switch off” for workers. This follows a global trend of similar legislation in other jurisdictions. As outlined in our earlier post on LaborSphere, a similar right has recently taken effect in Australia and is already standard in many European countries.

In its “Plan to Make Work Pay,” the government states that it intends to follow models such as those that are already in place in Ireland and Belgium, “giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.”

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Australia Set to Join Growing List of Countries Recognizing “Right to Disconnect” From the Workplace

The Law

Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including refusing to monitor, read or respond to contact from the employer or a third party outside of working hours unless the refusal would be “unreasonable.”

While “contact” is not defined in the legislation, it is likely to include any form of contact including email, text or social media messages (e.g., WhatsApp) and phone calls.

The law contains a nonexhaustive list of factors that should be considered when determining whether an employee’s refusal is “unreasonable,” including:

The reason for the contact
Whether the employee is compensated or paid extra for being available to be contacted to perform work within a specific period or working additional hours outside of their ordinary working hours
The nature of the employee’s role and level of his or her responsibility
The employee’s personal situation such as family or caring responsibilities

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Overview of U.S. Employment Law for International Employers

This guide is a non-comprehensive overview of employment laws in the United States for international employers. We hope that it will assist employers that already employ individuals in the U.S. and employers that are considering becoming operational in the U.S. in better understanding U.S. employment laws and practices.

Generally speaking, what differentiates U.S. employment law from that of other countries is that the U.S. has very few legally required benefits that an employer must offer its employees. Although it can differ state by state, things that are legally required and commonplace in other countries—such as paid holiday, paid leave, and mandatory severance benefits—are generally not legally required in the United States. Instead, most benefits offered by employers are considered gratuitous and used as tools to recruit and retain employees. This has led employers to be creative in their benefit offerings, including the use of “unlimited” vacation policies, fully remote work, egg freezing or fertility stipends, and the like.

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Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how menopause can affect those going through it. However, employers are seeing an increase in employees concerned about menopause and their experience with it at work. This is a multi-faceted issue that encompasses a range of potential employment law issues.

Discrimination

Most countries do not recognise menopause as a characteristic that is specifically protected by discrimination laws. But employees experiencing menopause may be protected by discrimination laws relating to age, sex, disability and gender reassignment. Generally, people experiencing menopause are women aged between 45 and 55 so any unfavourable treatment (whether direct or indirect) towards an employee experiencing menopause could amount to sex and/or age discrimination. Gender reassignment discrimination may also be relevant if the employee experiencing menopause is transgender.

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India Passes New Data Protection Legislation

After several years of debate, India has passed the Digital Personal Data Protection Act of 2023 (DPDPA), an overhaul of the country’s data protection regime that will require employers operating in India to take stock of current data protection policies and ensure alignment with the new law.

Like the European Union’s General Data Protection Regulation (GDPR), the DPDPA is a comprehensive framework that will require data processers to identify a lawful purpose for processing personal data, with limited exceptions such as in cases where the data is publicly available or the processing is necessary as part of a merger or a restructuring. Similar to the GDPR, it applies to all data processing in India or that is related to the provision of goods and services to individuals in India.

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