International Women's Day spotlight: The Employment Rights Bill's impact on women in the workplace

Increased focus on gender equality and reporting requirements

It was already the case that employers with 250 or more employees had to report on their gender pay gap data. Now, it is proposed that new regulations will be introduced to require employers who have more than 250 employees to publish "equality action plans". These action plans will set out the exact steps which employers are required to take in relation to gender equality in their businesses. Within this, the legislation has provided for specific provision that such matters will include addressing pay gaps and what specific support they provide to employees who are experiencing the menopause.

This can be seen as a positive step towards gender equality in the workplace as it may encourage transparency and accountability over the actions employers are taking with regard to gender equality in their businesses. It goes further than the current requirements, as employers will not be required to just report on their data, but to also publish their plans to close any existing pay gaps.

International Women's Day is an important reminder of the impetus behind the progression of women to senior roles in businesses. Employers should be aware of this proposed change and start thinking about target-based plans with a view to getting ahead of these changes.

Strengthening flexible working rights

Lack of flexibility has been seen as a significant driver of the gender pay gap in professional environments. As many of our readers will be aware, the right to make a flexible working request has already been a day one entitlement since 6 April 2024. The Government has decided to strengthen and "enhance" this such that there is a new requirement for employers to justify any refusal of a flexible working request. If an employer does refuse a flexible working request, any such refusal must be 'reasonable' and there is also a requirement to explain to the requesting employee in writing why they feel that such rejection is reasonable.

Protection for maternity returners

Another key proposal is to introduce regulations to make it unlawful to terminate the employment of employees who are pregnant or returning from maternity leave or another type of family leave during a six month return to work period. This is subject to specific exceptions which will be clarified. If enacted, this is a significant step towards protecting pregnant employees or women returning from maternity or other statutory family leave, in that there will be a period of certainty and security of employment in the months before and following childbirth.

Further questions?

International Women's Day provides a fitting opportunity to reflect on the direction of travel for women in workplaces, as highlighted in the proposed Employment Rights Bill. Whilst these changes are not yet in force, employers can start thinking about how these proposed changes could impact their business and start planning accordingly.

If you have any questions on the topics covered in this alert please contact Paul Reeves, Leanne Raven or Eirini Haidemenos.