Women at Work – Unleashing the Full Potential of Women Welsh Workplaces

As workplaces across Wales strive for greater equality, the journey to unleash the full potential of women is far from over.

At Policy Wales Women at Work Wales Conference event, we spoke to Sarah Alford, Partner, and Caitlin Rees, Associate, at Berry Smith LLP. Drawing on their extensive expertise in employment law, Sarah and Caitlin shared their analysis of the latest legislative changes, the practical steps organisations must take to meet legal obligations, and the evolving legal landscape and its implications for organisations in Wales.

With new legislation on the horizon and a renewed focus on inclusive policies, our Women at Work Wales Conference bought together experts to deliver actionable solutions for achieving gender equality in the workplace.

Breaking Down the Employment Rights Bill

Considering recent and upcoming legislative changes, what are some key legal responsibilities employers should be aware of to protect and support women in the workplace?

The Employment Rights Bill (‘the Bill’) proposes significant legislative changes aimed at improving gender equality and ensuring fair treatment in the workplace. When implemented, these provisions will have wide-ranging implications for both employers and employees, as they redefine expectations for a more supportive and inclusive workplace.

Could you explain the legal implications of the Employment Rights Bill and how the proposed family leave rights and menopause support requirements could impact employers and employees alike?    

Family Leave Rights

The Bill removes the qualifying service requirement for both paternity leave (currently 26 weeks) and unpaid parental leave (currently one year).

Employers will face new legal obligations to accommodate and manage a broader range of family leave requests. Companies may need to review their internal policies and ensure compliance with these expanded rights. Employers will also need to ensure that their compensation schemes align with the new provisions, particularly in cases where paid family leave is enhanced.

Flexible Working

Employers must accommodate employees who request flexible working arrangements, including part-time hours or remote working, unless they have a clear business reason to refuse the request.

Flexible working removes some barriers that women may face in providing a more adaptable approach to working life. In particular, this could benefit employees who are balancing caregiving responsibilities (which often fall on women).

There is no longer a requirement for an employee to explain the impact/effect their request may have on their employer and how any impact might be dealt with.

Protection of new mothers and those on family friendly leave

The Bill will strengthen the existing protections for employees during pregnancy and following periods of family-friendly leave.

Under existing legislation, pregnant employees and those on maternity leave (and other statutory family leave) have a degree of protection from dismissal on the grounds of redundancy. This protection is expected to be strengthened to last six months following any return to work.

Duty to prevent sexual harassment

As of 26th October 2024, employers are now required to take reasonable steps to prevent sexual harassment of their staff. The Equality and Human Right Commission (EHRC) guidance issued in July 2024 makes it clear that this new duty extends to preventing sexual harassment by third parties, such as customers or clients.  The new law raises the bar, and employers are now expected to take more proactive steps to prevent sexual harassment.

Employers should identify and mitigate risks in their specific workplaces, by considering the risk from all sources (including third parties). Employers should also provide clear and accessible channels for employees to voice harassment concerns.

Menopause

The Bill contains a specific obligation on employers in relation to menopause in the workplace. It provides a power for regulations to be made which will require employers with more than 250 employees to develop and publish an ‘equality action plan’. This will need to demonstrate the steps that the employer is taking regarding gender equality among their employees.

The Bill specifically confirms that matters related to gender equality include both addressing the gender pay gap and supporting employees going through the menopause. This means that, if the regulations are brought into force, as part of the equality action plan, employers will be required to confirm the steps that they are taking to support employees going through the menopause.

These changes place increased responsibilities on employers to adapt and remain compliant with evolving legal standards. However, the potential benefits, such as increased employee retention, greater diversity, and a healthier work environment, are likely to outweigh these initial challenges.

What legal considerations should organisations keep in mind when developing action plans to close gender pay gaps, and how can they ensure these plans are robust and transparent?

Gender Pay Gap Action Plans

Any employer with 250 or more employees on a specific date each year must report their gender pay gap data. Gender pay gap reporting requires scrutiny of every element of compensation and the employment arrangements of the workforce.

It will no longer be sufficient for employers to report a basic set of statistics. The Bill now requires employers to publish action plans for closing their gender pay gaps. This means that all employers will need to have a proper understanding of the causes of their gaps, and what they need to do to reduce them.

These plans should include:

• A clear strategy for reducing the gap over time.
• Timelines and measurable objectives.
• Engagement with employees to foster a culture of inclusion and fairness.

Any action plan should also be mindful of other aspects of equality law, particularly around discrimination. Gender equality measures should not inadvertently discriminate against other groups. Policies should be inclusive, ensuring that all employees are treated fairly, regardless of gender or other protected characteristics.

Companies should also be mindful that when conducting gender pay gap analyses and handling sensitive data related to employees’ pay and gender, the organisation must comply with data protection laws.

In terms of flexible working laws effective from April 2024, how can employers legally balance business needs while supporting employees who require more flexible arrangements?

Employers should implement a clear flexible working policy that aligns with both the needs of their business and their legal obligations. Having a policy in place helps to manage employees’ expectations. For instance, the policy should set out the types of flexible arrangements available and how requests will be handled.

When considering flexible working requests, employers should evaluate the impact on business operations. The Bill provides that employers can refuse a request based on one or more of the eight listed business reasons.

If a request for flexible working cannot be granted because of a clear legitimate business reason, employers should explore alternative solutions which would help meet both the needs of the employee and the business’ goal. For instance, employers could suggest hybrid working models or adjust start and finish times to accommodate an employee’s needs.

Employers should encourage open dialogue with employees to understand their specific needs and how flexibility can be accommodated. It is also an opportunity for employers to communicate their company’s operational needs, so employees understand the constraints.

How can employers legally support women experiencing health challenges like menopause, while also addressing potential issues of discrimination or unfair treatment?

Supporting Women’s Health in the Workplace

If a worker’s menopausal symptoms have a long term and substantial impact on their ability to carry out day to day activities, they may be considered to have a disability under the Equality Act 2010. If this is the case, employers have a legal obligation to make reasonable adjustments, as they would for any other workers suffering a disability.

Employers could therefore be at risk of claims in the following situations:

Any failure to accommodate those workers could amount to disability discrimination.

If a policy creates a disadvantage for workers experiencing long term menopause symptoms, the employer could face allegations, or even claims, of indirect age, sex or disability discrimination.

If disciplinary action is taken against a worker because of their menopausal absence, it could amount to discrimination, unless justified by the employer.

The use of language in the workplace which ridicules or belittles workers experiencing menopausal symptoms could constitute harassment relating to age, sex or disability.

To avoid any of the above problems arising, employers should conduct adequate risk assessments of their workplaces.

Employers could also consider the following reasonable adjustments:

• Allowing flexibility in the workplace, such as allowing staff to work from home at short notice, or by allowing them to vary their start and finish times, if required.
• Recording menopause related absences differently to other absences, so as not to affect the worker’s absence records.
• Relaxing the requirement for a uniform.
• Providing spaces where staff can take breaks in quiet rooms.
• Allow changes to room temperatures and provide fans, if required.

Looking Ahead: Building Inclusive Workplaces

The Women at Work Wales Conference delved deeper into these legislative changes and practical solutions. From exploring case studies to networking with industry leaders, attendees are equipped to take actionable steps toward gender equality.

Sarah and Caitlin’s insights remind us that legal compliance is just the starting point. The true goal is to create workplaces where women thrive, leading to stronger, more resilient organisations.