Employment Law Bulleting 2023

Employment Law Bulleting 2023

Rises to National Living / Minimum Wage

From the 1st April 2023 we will see the annual increase in the National Living and Minimum Wages.

The rates are as follows:

  • Age 23 and over: £10.42 an hour (National Living Wage)
  • Age 21-22: £10.18 an hour
  • Age 18-20: £7.49 an hour
  • Age 16-17: £5.28 an hour
  • Apprentice rate: £5.28 an hour

Rises to statutory maternity, adoption, paternity and shared parental pay

 

From the 2nd April 2023, the Goverment has said statutory maternity, adoption, paternity and shared parental pay rises from £156.66 to £172.48 a week. Also on this date, statutory sick pay rises from £99.35 to £109.40 a week.

Flexible Working

 

The Government has confirmed that there will be new legislation introduced in regards to Flexible Working requests. This includes:

  • flexible working requests as a day one right for employees
  • allowing employees to make two requests a year
  • requiring employees to consult with the employee before rejecting a request
  • shortening the time employers have to reply to a request from three to two months
  • remove the requirement for employees to set out the likely effects on the business of the change.

The government is backing this Employment Relations (Flexible Working)

Bill currently going through Parliament however, there is no enforcementdate yet. We will update you with any changes when they transpire.

 

King Charles III Coronation

The Government has announced that the Coronation of King Charles III will be commemorated by a Bank Holiday.
His Coronation will be on Saturday 6th May 2023 with the bank holiday being on Monday 8th May 2023.

Whether or not employees are entitled to the bank holiday will depend on the wording of their contract of employment in the same way as the Queens funeral and Jubilee.

 

Retained EU Law (Revocation and Reform) Bill

In September 2022 the Retained EU Law (Revocation and Reform) Bill was introduced, following the UK leaving the EU.

The Bill aims to revoke EU-derived subordinate legislation and retained EU legislation by the 31st December 2023, unless specific legislation is introduced to retain it or a government minister extends the deemed repeal date. If the Bill is passed, we could see major changes to:

  • The Working Time Regulations 1998;
  • The Agency Workers Regulations 2010;
  • The Part-time Workers (Prevention of Less Favourable Treatment)
    Regulations 2000;
  • The Fixed-term Employees (Prevention of Less Favourable
    Treatment) Regulations 2002;
  • The Transfer of Undertakings (Protection of Employment)

Regulations 2006 (TUPE); Please see November’s ELB for more information. The Bill is in its early stages however, employers should keep an eye on its progress and the potential changes that will come into effect if it becomes law. We will update you with any changes when they transpire.

 

Worker Protection (Amendment of Equality Act 2010)

 

Bill It has been suggested that the Worker Protection (Amendment of Equality Act 2010) Bill could also receive government backing. The bill would reintroduce employers’ liability for the harassment of theirstaff by third parties (clients, suppliers, the public and so on) which was removed in 2013.

The bill would also require employers to proactively prevent the sexual harassment of their staff in the course of their work. However, employees would have to successfully claim sexual harassment in a tribunal before being recompensed (by a 25% uplift in any award they receive) for theiremployer failing to prevent the harassment occurring.

Carer’s Leave Bill

 

This Bill will provide one week of unpaid leave each year for employeesthat are either arranging or providing care to either family members orfriends. This right would be available to employees from the first day of employment and the week can be taken at different times (i.e., in 5 separate days) to suit their caring responsibilities and proof need not be provided to show how the leave has been used.

Neonatal Care (Leave and Pay) Bill

This Bill proposes to:

  • provide each parent with up to 12 weeks of leave and pay (in
    addition to other leave entitlements) if the baby has a continuous
    stay in hospital of 7 full days or more.
  • Leave will be a day one right Pay will require an employee must have a minimum of 26 weeks of service with their employer and earn more than the ‘lower earnings limit’

The Government has confirmed that they will be backing this Bill. Although it has not been legislated yet, it is expected in 2023.Protection from Redundancy

(Pregnancy and FamilyLeave) Bill

 

This Bill proposes to extend that obligation to offer alternativeemployment in instances of redundancy to the moment when an employee tells their employer they are pregnant / they will be takingadoption leave as the primary care giver to the expected child or Shared Parental Leave, up to 18 months after that child’s birth. As well as providing greater protection to new parents, these proposed changes also seek to prevent employers from waiting for such new parents
to return from maternity/adoption/shared parental leave before then making them redundant. The Government has confirmed that they will be backing this Bill. Althoughit has not been legislated yet, it is expected in 2023.

 

Employment (Allocation of Tips) Bill

This Bill proposes to make it unlawful if employers do not provide theiremployees with 100% of the tips left by customers.
The Government has confirmed that they will be backing this Bill. Althoughit has not been legislated yet, it is expected in 2023.

Anti-strike measures

As we all know there have been many strikes over the past few weeks including train strikes. Legislation will be introduced in the coming weeks that will allow bosses in health, education, fire, ambulance, rail and nuclear
commissioning to sue unions and sack employees if the minimum staffing
levels – expected to be 20% – are not met. The Government has also hinted that there may be further proposals for
restricting industrial action. These include:

  • limiting pickets at points of critical national infrastructure to six
  • banning strikes by different unions in the same workplace within a set period
  • raising the minimum notice for industrial action from two to four weeks
  • raising the minimum voting in favour of strike action from 40% to 50%
  • introducing compulsory ‘cooling-off periods’ of up to 60 days after strikes

Here at Wurkplace, we have experienced and skilled consultants who are able to provide you with specific  advice on Legal changes and upcoming changes along with  an array of template documents, so half the work is done for you!

If you need support or guidance, talk to one of our experts today – You can use our easy online contact form, or give us a call on: 0330 400 5490.

 

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