There are a number of changes forecasted to and coming int
o effect for Employment Law this year. From whether EU Employment Law will be retained or not in the UK to an additional holiday for the coronation of King Charles II. Co-Managing Director, Jason Govindji-Bruce, has outlined the following changes to Employment Law in the blog below.
Coming Into Effect
Additional Bank Holiday for the King’s Coronation –
On 8th May 2023, there will be an extra bank holiday to celebrate the King’s Coronation.
Depending on your employees’ contracts and your decision as an employer, staff could be entitled to this extra holiday.
Statutory maternity, adoption, paternity and shared parental pay rise –
On 2nd April 2023, the weekly rate will rise from £156.66 to £172.48 a week.
National Minimum Wage Increase –
On 1st April 2023, the National Minimum Wage will increase. See rates below (correct as of February 2023). For more information click here.
Currently Going Through Readings
In The House of Commons
Flexible working
Employees are currently required to have completed 26 weeks of service; this change will allow employees to have a day 1 right to request flexible working.
There are currently 8 business reasons that will remain in effect to refuse this request.
Employers will have a 2-month period to respond to this request (currently 3 months).
Employees will be entitled to 2 requests per 12-month period (currently 1).
Fertility Treatment (Employment Rights)
Would require employers to allow an employee to take paid time off work to attend fertility treatment appointments.
Miscarriage Leave Bill –
Would ensure 3 days of paid bereavement leave for people who have experienced miscarriage.
In The House of Lords
Retained EU Law
If brought into law, all retained EU law must be expressly transferred into UK law by 31 December 2023, or it will cease to be law in the UK. The Government may yet extend the deadline for implementation to 23 June 2026, the 10-year anniversary of Brexit.
Protection from Redundancy (Pregnancy and Family Leave) Bill –
Extends the rights of protection from redundancy for women during or after a protected period of pregnancy. Enhanced protection is also proposed following a return to work after shared parental leave and adoption leave.
Carer’s Leave Bill –
Entitles employees who are providing or arranging care to one week’s unpaid leave per year and protection from dismissal or detriment as a result of having taken time off.
Neonatal Care (Leave and Pay) Bill –
Provides parents with a new right to paid time off if their baby requires neonatal care.
Miscarriage Leave Bill –
Would ensure 3 days of paid bereavement leave for people who have experienced miscarriage.
Worker Protection (Amendment of Equality Act 2010) Bill –
Will impose a specific legal duty on employers to take all reasonable steps to prevent sexual harassment of their employees at work and will make employers potentially liable for harassment of their employees by third parties (e.g. customers or clients).
Currently in Consultation
Hire and re-hire – A new statutory code on fire and re-hire practices requires businesses to hold “fair, transparent, and meaningful consultations” on proposed changes to employment terms. Tribunals will take employers’ adherence to the code into account when considering claims and will be able to uplift any compensation by up to 25% if organisations have not followed its guidance. The consultation on the new code closes on 18 April 2023 and there is no indication yet on when it will be brought into force.
Holiday Pay – The government has launched a consultation on how holidays should be calculated for workers with irregular or zero-hour contracts following the Supreme Court’s decision in the case Harpur Trust v Brazel and UNISON in July 2022. The court decision brought a part-year teacher’s holiday entitlement into line with the Working Time Regulations 1998 but created an anomaly between the way that holidays for irregular hours workers should be calculated when compared with part-time workers on regular hours. The consultation proposes an alternative approach which will have implications for permanent part-year workers, zero hours workers and some agency workers. It closes on 9 March 2023.
Call for HR Help and Support
Employment Law can be complicated and we would advise any employer that is unsure about what changes to Employment Law mean to their business, to contact us and check first.
At NORI HR and Employment Law, we take away the stress and uncertainty of HR and Employment Law. You can contact us on 01254 947829 or view our HR Consultancy plans here,