From changes in flexible working to new provisions for pregnancy and family leave, 2023 has so far seen some significant new changes in employment law.
Whether you’re an employer or an employee, here are some of the key changes you should be aware of.
Employment Retentions (Flexible Working) Bill
The Employment Retentions (Flexible Working) Bill is currently progressing through Parliament. If passed, it proposes to change an employee’s statutory right to request flexible working.
At present, only employees that have worked at a business for a minimum of 26 weeks are entitled to make a flexible working request. They can do this once per year and their employer is required to notify them of the outcome of the request within three months.
The new Bill proposes that:
- Employees can request flexible working from day one, rather than after 26 weeks
- Employees can make two flexible working requests per year, instead of one
- Employees will no longer need to explain how flexible working might affect the business and how this could be dealt with
- Employers must provide their decision within two months, instead of three
- Employers are required to consult with employees if they intend to decline their request
Retained EU Law (Revocation and Reform) Bill
The Retained EU Law (Revocation and Reform) Bill aims to revoke certain retained EU laws from UK domestic law by the deadline of December 31st, 2023.
Currently undergoing considerations of amendments in Parliament, the Bill changes the ways that courts can depart from retained EU law. That includes giving Ministers the power to repeal or replace regulations with other laws they “consider appropriate”.
This could have significant impacts on employment law—including ending the right to paid annual leave, working time regulations, equal rights and more.
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Protection from Redundancy (Pregnancy and Family Leave) Act 2023
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 was given Royal Ascent in May and will be incorporated into existing maternity protections in July 2023.
At present, redundancy protections only apply to employees during maternity, adoption or shared parental leave.
When the Bill comes into force, this protection will extend from the moment an employee tells their employer that they’re pregnant or will need to take adoption/shared parental leave to after they’ve returned to work.
Neonatal Care (Leave and Pay) Act 2023
The Neonatal Care (Leave and Pay) Act 2023 reached Royal Ascent in May 2023. This Bill introduces new provisions for parents whose children are admitted to neonatal care for at least seven days without interruption.
Under the Bill, these employees are entitled to up to 12 weeks of statutory pay and leave, in addition to maternity and paternity leave.
Carer’s Leave Act 2023
The Carer’s Leave Act 2023 received Royal Ascent in May 2023 and makes provisions about unpaid leave for employees with caring long-term responsibilities.
Under this new Bill, employees are entitled to at least five working days of unpaid leave for the purposes of either providing or arranging care for a dependant with a long-term need.
This is a day-one right, and employees are protected from dismissal or detriment due to taking this leave.
Workers (Predictable Terms and Conditions) Bill
The Workers (Predictable Terms and Conditions) Bill is currently progressing through Parliament.
If passed, it will put in place provisions that allow workers and agency workers that have a lack of predictability regarding their working patterns (for example, those on zero-hour contracts) the right to request a more predictable working pattern after working in the same role for 26 weeks.
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Worker Protection (Amendment of Equality Act 2010) Bill
The Worker Protection (Amendment of Equality Act 2010) Bill is currently progressing through Parliament.
If passed, it will put in place a requirement for all employers to take all reasonable steps to protect workers against third-party harassment (including sexual harassment) during the course of employment.
If the Employment Tribunal finds that an employer has failed to take all reasonable steps and harassment has occurred, they’ll face a compensation uplift of 25%.
Strikes (Minimum Service Levels) Bill
The Strikes (Minimum Service Levels) Bill, which is now in its final stages but faces public backlash, would mandate employees in critical sectors (such as health, transport and education) to provide a minimum level of service during industrial strike action.
A controversial Bill with both Unions and workers, it would enable employers to use work notices to name employees to work on strike days. If an employee ignores the notice, they wouldn’t be protected against unfair dismissal.
National Minimum Wage and Sick Pay
From April 1st, 2023, the following rates will apply to the national minimum wage:
23 and over: £10.42 (9.7% increase)
21 or 22: £10.18 (10.9% increase)
18- 20: £7.49 (9.7% increase)
16-17: £5.28 (9.7% increase)
Apprentices: £5.28 (9.7% increase)
From April 10th, 2023, statutory sick pay will increase to £109.40 per week (from £99.35 per week).
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