LEGISLATION UPDATE
Important Updates
It has been very quiet in recent years as far as new employment law is concerned, mainly due to political and economic turbulence, the COVID pandemic and the outbreak of war in Ukraine. While the summer of 2023 saw several new pieces of legislation, most are not likely to be implemented until 2024 or beyond.
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023. The government has published a draft statutory instrument containing amendments to the law on holiday pay, TUPE and working time. The changes, which are likely to come into force on 1 January 2024, include simplifying holiday pay calculations by making rolled-up holiday pay (12.07% of pay) lawful for part-year workers and those who work irregular hours.
The Employment Relations (Flexible Working) Act 2023 is likely to come into effect in April 2024. This will extend existing rights to request flexible working and is thought to be the precursor to greater rights to choose where, when and how we work.
The Workers (Predictable Terms and Conditions) Act 2023. Planned for 2024 this aims to achieve the same kind of outcome as the long-standing right to request flexible working - but in reverse. It will give people who work on relatively volatile and changeable contracts an opportunity to make a formal request to their employers for more predictable hours.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends existing redundancy rights for women on maternity leave, as well as parents on shared parental and adoption leave.
The Carer’s Leave Act 2023 is likely to become law in April 2024 and will require employers of unpaid carers to allow them up to a week's additional leave each year, on an unpaid basis.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 is likely to come into effect in 2024. This will mean that an employer will be liable for acts of harassment perpetrated by third parties where it has failed to take all reasonable steps to prevent the harassment from occurring.
The Neonatal Care (Leave and Pay) Act 2023 is scheduled to come into force in April 2025, the act extends existing maternity and parental rights to leave and pay.
The Employment (Allocation of Tips) Act 2023 will place new obligations on employers to distribute tips and gratuities fairly among their staff in full (still under consultation).
Changes to the Rehabilitation of Offenders regulations. The latest changes came into law in November 2023, they make modest but significant adjustments to the tariffs for more serious offences that set out the amount of time that needs to pass before a conviction is deemed 'spent'.
We will update you with more detail in our 2024 newsletters and liaise with our clients individually on the changes that affect you.