This will set minimum service levels in certain sectors (including health, transport and education). Employers in those sectors will be able to identify workers required to work during a strike.
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Key dates for Employment law
2023
January
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ICO consultation on draft guidance for monitoring at work ends
Further Reading -
Menopause
The government rejects key recommendation of the Women and Equalities Report and will not seek to make menopause a protected characteristic under the Equality Act 2010.
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Dismissal and re-engagement
The government published a consultation on a draft Code of Practice on Dismissal and Re-engagement where it is used to try and change terms and conditions of employment. It sets out the steps employers should take to explore alternatives to dismissal and to engage in meaningful consultation.
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ICO consultation on draft guidance on information about workers’ health ends
Further Reading
February
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Predictable terms and conditions Bill
The government has announced that it is backing a Private Members Bill to give workers and agency workers the right to request more predictable terms and conditions of work.
March
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Whistleblowing review
The government is reviewing the effectiveness of the whistleblowing framework in meeting its original objectives which include providing a route for workers to make whistleblowing disclosures and protecting those who do from detriment and dismissal. The review is expected to be concluded by Autumn 2023.
April
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National Minimum Wage
The National Living Wage for those 23 and over will increase from £9.50 to £10.42; the NMW for those aged 21-22 will increase from £9.18 to £10.18; NMW for those aged 18 – 20 will increase from £6.83 to £7.49 and for those aged 16 – 17 from £4.81 to £5.28.
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Increase in tribunal awards
The annual increase in awards for dismissals taking place on or after 6 April 2023 has been announced. The limit on a week’s pay increases from £571 to £643; the maximum compensatory award increases from £93,878 to £105,707 and the maximum basic award increases from £16,320 to £17,130.
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SMP and SSP
Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement pay will increase from £156.66 to £172.48 per week and Statutory Sick Pay will increase from £99.35 to £109.40 per week.
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Vento Guidelines annual increase
The ranges of compensation for injury to feelings awards are increasing as follows: lower band (less serious cases) from £1,100 to £11,200; middle band (cases that do not merit an award in the upper band) from £11,200 to £33,700 and upper band from £33,700 to £56,200 (the most serious cases) with the most exceptional cases capable of exceeding £56,200.
May
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Employment (Allocation of Tips) Act 2023 receives Royal Assent
Essential Reading: Our InsightThis Act amends the Employment Rights Act 1996 to impose new obligations on employers to ensure that 100% of tips are paid to workers in full, without deductions and that the allocation of tips is what the legislation describes as “fair”.
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Extra bank holiday to celebrate coronation of Charles III
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Employment Reform – will it effect real change?
Employment legislation has not been far up the government agenda recently, but this week a few interesting proposals have been made to non-compete clauses, holiday pay and business transfers – see below. More detail will be needed to assess the real impact, and over recent years anticipated legislation has failed to materialise, so it may be that these proposals will not come to pass anytime soon, if at all.
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Non-compete clauses to be limited to three months
The government intends to legislate to limit the length of non-compete clauses to 3 months with the intention that this will provide employees with more flexibility to join a competitor after they have left a position. Whilst there are no details yet on what the legislation will look like the government has confirmed that limiting the non-compete clauses will not interfere with the ability of employers to use paid notice periods, or garden leave or non-solicitation clauses. There may well therefore be little difference in result, just a change in how employers get there, with employers using garden leave and potentially longer notice periods to achieve their aims. There is no timetable for the implementation of these provisions other than the vague assurance of “when parliamentary time allows”.
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Holiday Pay
Proposed changes to the Working Time Regulations will be welcomed by employers who have grappled since their introduction with how calculations should be made for holiday pay, and managing holiday pay in an agile workforce. The proposals promise to reduce “the administrative burden and complexity of calculating holiday pay” in part by making rolled up holiday pay lawful, and merging the two separate leave entitlements into one pot of statutory annual leave. Rolling up holiday pay (what many do in practice in any event with casual workers) will simplify the administration of holiday pay for many and will be welcomed by employers.
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Business transfers
In an effort to simplify the regulations that apply when a business transfers the proposal is to enable employers to consult directly with employees (and not have to elect employee reps) for businesses with fewer than 50 employees and transfers affecting less than 10 employees. Any reduction of red tape will be welcomed by businesses, but this is not a significant step.
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Retained EU Employment Law Consultation
Essential Reading: Our InsightThe Government published its consultation on the proposed changes to WTR and TUPE which closes on 7 July 2023.
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Neonatal Care (Leave and Pay) Act received Royal Assent.
This Act gives eligible employed parents new neonatal leave and pay entitlements of up to 12 weeks in addition to other leave entitlements. This is expected to be delivered in April 2025.
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Protection from Redundancy (Pregnancy and Family Leave) Act 2023 received Royal Assent.
This Act gives protection from redundancy during or after pregnancy or after periods of maternity, adoption or shared parental leave. The government have not yet confirmed when these provisions will take effect.
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Subject Access Requests
The ICO has published Guidance for employers on Subject Access Requests in the form of Q& A, examples and links to further reading.
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Carers Leave Act received Royal Assent
This Act creates a new statutory unpaid leave entitlement for employees with caring responsibilities. A date for implementation has not yet been announced but it will not be before April 2024.
June
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The Retained EU Law (Revocation and Reform) Bill received Royal Assent.
July
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Acas published a consultation on an updated statutory Code of Practice on handling flexible working requests.
The consultation anticipates changes implemented by the Flexible Working Bill. It closes on 6 September 2023.
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Employment Relations (Flexible Working) Bill has received Royal Assent.
The government expects that the measures will come into force approximately a year after Royal Assent. The Act makes provision for employees to make two requests (rather than one) in any 12-month period; an employer will not be able to refuse a request without consulting the employee and the time for making a decision will be reduced from three to two months.
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The Strikes (Minimum Service Levels) Bill received Royal Assent.
Minimum service levels will not come into force in a particular sector until secondary legislation has been passed. The government has confirmed that it intends to introduce a statutory Code of Practice on the obligations of trade unions under the Act.
August
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Agency workers no longer allowed to cover striking workers.
The High Court’s Quashing Order following a judicial review challenge provides that regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 is back in force and from this date (but not before) employment businesses will no longer be able to supply temporary workers to employers to cover those involved in industrial action.
September
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The Workers (Predictable Terms and Conditions) Act received Royal Assent
This introduces a new statutory right to request a more predictable working pattern. It will apply to workers whose existing working patterns lack certainty in terms of hours or times they work and to those on a fixed-term contract of 12 months or less. It will also apply to agency workers. Employers must deal with a request in a reasonable manner and notify the worker of their decision within one month. A maximum of two applications will be permitted during any 12-month period and requests may be refused on specified grounds.
It is anticipated that the legislation will come into force in September 2024.
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Introducing minimum service levels.
The government launched a consultation on introducing minimum service levels for urgent, emergency and time-critical hospital-based health services during strikes.
October
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Increasing the National Living Wage.
Further readingThe government stated it would accept the Low Pay Commission’s recommendations on increasing the National Living Wage from April 2024.
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The Information Commissioner’s Office published guidance on monitoring workers to help employers comply with their data protection obligations.
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Acas consultation on handling requests for a predictable working pattern
Acas has issued a consultation on the new draft Statutory Code of Practice on handling requests for a predictable working pattern following the enactment of the Workers (Predictable Terms and Conditions) Act 2023 which is expected to come into force in September 2024. The consultation seeks views on the draft Code and non-statutory guidance which will accompany the code. It will remain open until 17 January 2024.
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Worker Protection (Amendment of Equality Act 2010) Act 2023 receives Royal Assent
The Worker Protection (Amendment of Equality Act 2010) Act 2023 amends the Equality Act 2010 to introduce a duty on employers to take reasonable steps to prevent sexual harassment of their employees and gives employment tribunals the power to uplift sexual harassment compensation by 25% where an employer is found to have breached the new duty to prevent sexual harassment. The Act comes into force in October 2024.
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Removal of bonus cap
The PRA and FCA have published a policy statement which confirms they are implementing the final policy as consulted on to remove the bonus cap.
November
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Non-statutory flexible working.
The call for evidence on non-statutory flexible working will close. The responses will inform the government’s flexible working strategy.
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The government published its response to consultations on TUPE, the Working Time Regulations (WTR) and holiday pay. It has confirmed that:
- It will go ahead with the TUPE consultation proposals allowing for direct consultation with workers rather than electing representatives for small businesses and small transfers.
- It will clarify reduced record-keeping requirements under the WTR.
- "Rolled-up" holiday pay will be introduced for irregular hours and part-year workers and an annual leave accrual rate of 12.07% of hours worked for irregular hours and part-year workers will be permitted.
- It will also legislate to restate EU case law providing for carry-over of annual leave in cases of maternity/family-related leave, sick leave and incorrect employment status.
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The government's consultation closes.
The government’s consultation on introducing minimum service levels during strikes for urgent, emergency and time-critical hospital-based health services closes.
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Consultation on hiring agency staff to cover industrial action.
The government is consulting on repealing regulation 7 of Conduct of Employment Agencies and Employment Businesses Regulations 2003 which prevents employment businesses from supplying agency workers to cover striking workers. The consultation runs until 16 January 2024.
December
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The FCA’s and PRA’s consultations on diversity and inclusion in the financial sector will close.
2024
January
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Amendments to Equality Act come into force.
The amendments to the Equality Act 2010 to retain various key rights and principles after EU law ceases to have effect on 31 December 2023 come into force. These include new provisions which reflect EU case law on direct discrimination related to pregnancy, maternity and breastfeeding, indirect associative discrimination, discriminatory statements about recruitment, a single source test in equal pay claims and an amended definition of disability.
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Amendments to Working Time Regulations and TUPE.
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 come into force making amendments to the Working Time Regulations including holiday pay and to TUPE outlined in the response to consultations on 8 November. The holiday pay changes will apply for leave years on or after 1 April 2024 and the changes to TUPE will apply to transfers on or after 1 July 2024.
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Acas consultation on new statutory Code of Practice on handling requests for a predictable working pattern closes.
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Code of Practice on preventing illegal working: Right to Work Scheme for Employers.
This Code of Practice will apply to all right to work checks. It sets out how employers can establish a statutory excuse for right to work checks and how civil penalties will be administered and calculated. The starting point for a civil penalty will be £45,000 per worker and £60,000 per worker for repeated breaches.
April
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Rates of National Minimum Wage increase.
The increases to NMW will be National Living Wage (21 and over) £11.44; 18 – 20 year old rate £8.60; 16 – 17 year old £6.40 and apprentice rate £6.40.
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Unpaid carers leave is set to be introduced, but not before April 2024.
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Rates of SMP, SSP and Maternity Allowance increases.
SMP and other statutory family leave payments increase from £172.48 to £184.03 per week.
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SSP increases from £109.40 to £116.75 per week.
May
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The Employment (Allocation of Tips) Act 2023 is expected to be brought into force by secondary legislation.
July
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Extending the current redundancy protection.
The legislation extending the current redundancy protection for pregnant women and new parents was passed in July 2023, it is not anticipated that the provisions will come into effect before summer 2024.
October
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Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force.
2025
July
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New legislation for neonatal leave and pay.
Legislation is now in place to enable regulations to come into force introducing neonatal leave and pay for employees whose babies spend an extended period of time in neonatal care. It is not anticipated that the provisions will take effect before summer 2025.