What's coming?
Gained Royal Assent 18 September 2023
The Bill would give workers the right to request a predictable working pattern.
The Workers (Predictable Terms and Conditions) Bill is a Private members’ bill introduced by Scott Benton, Independent MP for Blackpool South.
The Bill aims to provide workers on flexible or casual contracts with more predictable working patterns. In certain circumstances, workers would be able to apply for more regular working patterns. The idea is that it would operate in a similar way to flexible working requests – the employer would have to deal with the request in a timely manner and would need to establish grounds for refusing.
A worker’s request would need to include certain minimum information outlining what they're seeking in relation to the predictability of their working pattern and a proposed start date.
This Act grants further flexibility to employees making flexible working requests. The main changes are:
Employees can make two flexible working requests within a 12-month period. Previously they could only make 1 request.
Mandatory consultation between the employer and the employee who makes the flexible working request (although currently there is no guidance as to what standard of consultation is required, however with time further guidance will be published).
Employers must respond to a flexible working request within 2 months, previously it was 3 months.
Employees are not required to explain the impact (if any) that granting their request would have on the business.
Prior to the Act receiving royal assent there were discussions about the right to request flexible working becoming a day one right. However, this was not expressed in the new legislation. The government has mentioned this will be introduced in secondary legislation so currently, it seems employees need to be employed for 26 weeks before making a request.
Although the Act will come into effect by Spring 2024, employers are encouraged to be proactive and get ahead by implementing the changes before the Act comes into effect.
Received Royal Assent 20 July 2023
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 came into force on 24 July 2023. The Act aims to extend the previous period of protection against redundancy for pregnant workers to six months following their return to work.
Currently employees on maternity leave, adoption leave, or shared parental leave already have the right to be offered a suitable alternative vacancy, if available, before being made redundant. They have priority over other redundant employees in relation to vacancies. This right runs until the end of maternity leave or when the employee returns to work if this is earlier.
The Act extends these existing protections to:
pregnant employees when they tell their employer they are pregnant, until 18 months after the birth. The 18-month window ensures that a mother returning from a year of maternity leave can receive six months’ additional redundancy protection.
those who have recently suffered a miscarriage (prior to notifying the employer of their pregnancy).
and those who have recently returned from adoption leave or shared parental leave.
The government has highlighted further regulations are to be implemented, most likely before April 2024 setting out how the entitlements will work. This will provide further clarity and guidance to employers about implementing the new legislation.
Gained Royal Assent on 24 May 2023
The Neonatal Care (Leave and Pay) Act 2023 creates a statutory right for parents whose child is receiving neonatal care to take paid leave of up to 12 weeks. It applies where a baby receives neonatal care for more than 7 days in a row in the first 28 days of life.
During neonatal care leave, it’s expected to be the case that eligible employee will:
retain the benefit of their terms and conditions of employment (excluding remuneration) which would have applied but for the absence, and remain bound by any obligations arising from the same
retain the right to return to a job of a prescribed kind; and enjoy the same protection as that afforded to parents exercising other family friendly entitlements (i.e. not to be subject to a detriment or discrimination arising from them taking, or seeking to take, neonatal care leave). The notice requirements are also yet to be determined
The rights stated will be available to parents of babies (or those with responsibility and/or a relationship with the baby) admitted into hospital up to the age of 28 days, and who have a continuous stay in hospital of 7 full days or more. ‘Neonatal Care’ is considered to mean medical or palliative care starting before the end of 28 days beginning the day after the date of the child’s birth. Secondary legislation is needed here, but it’s expected that such criteria will mirror the conditions in place for other family friendly entitlements.
Who can take Carer's Leave?
The Carer’s Leave Act will enable employees to take up to one week’s leave annually, in whole or half days, to provide or arrange care for a dependent.
The right extends to care for a spouse, partner, child or parent who lives in the same household as the carer and/or reasonably relies on them for care. The leave is a first-day employment right and is unpaid.
A date for the new law to come into effect hasn't yet been announced but isn't expected to be before April 2024. In the meantime, there's an opportunity for employers to review their policies, consider whether they wish to offer any rights in addition to this statutory minimum and generally prepare to communicate to their employees.
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The Carer’s Leave Act received Royal Assent and consequently became law on 24 May 2023.
Government consultations, reviews and policy papers you need to be aware of.
In the Spring 2023 budget, the government announced its intention to improve and simplify the current Save as you Earn (SAYE ) and Share Incentive Plan (SIP) schemes. On 12 June 2023 they launched a call for evidence. The consultation closes on 25 August 2023.
On 10 May 2023, the UK government published its policy paper, Smarter Regulation to Grow the Economy. This is an ambitious and wide-ranging look at regulation across business in the post-Brexit landscape. From an employment perspective, the review will look at simplifying TUPE, limiting the scope of non-compete (restrictive covenant) clauses in employment contracts, and reforming the Working Time Regulations.
In a market still beset by labour shortages, the government has been looking in several directions at ways to boost the number of people in work. With a budget of £22m and a network of ’50 PLUS Champions’ they have succeeded in increasing the number of people over the age of 50 in work by 210,000 in the past year.
They have also launched a review into the employment of neurodiverse people with a brief recommendation for ways in which the government can help employers to employ and retain people with autism and other neurodiverse conditions.
And while there continues to be talk of crack downs on immigration, elsewhere, the government is adding more jobs to its Shortage Occupation list which eases the passage of people coming to the UK to fill them and to the employers who offer them. On the list are civil engineers, graphic designers, and vets as well as care workers. New roles added include critical trade jobs in the construction industry.
Later this year, they will respond to demands from the hospitality and retail sectors to be included on the list.
The Bill aims to protect workers against exploitation by employers using zero-hour contracts and false ‘self-employment’
The Workers (Rights and Definition) Bill is a private members’ bill introduced by Chris Stephens of the SNP.
The aim of the bill is to relieve the current difference between ‘workers’ and ‘employees’ and introduce a single status for the purpose of employment rights and employer responsibilities. This is intended to protect workers from the vagaries of the ‘gig economy’ by regulating false ‘self-employment’ and casual employment in a simpler way. The bill is in its second reading in the Commons.
Strikes, essential services and minimum service levels
In its final stages is the government’s Strikes (Minimum Service Levels) Bill. This would permit the Secretary of State to set out the minimum service required in critical sectors during strikes. Unions or workers that fail to comply would face losing their protection against legal action or dismissal.
Currently only police, armed forces and some prison workers are prohibited from striking. In addition, there are already some statutory provisions that aim to prevent industrial action where life is endangered. This would extend the restrictions to transport and other public sector bodies including fire & rescue and education. The Opposition pledges to repeal the bill if it becomes law and they win the next election.
Consultation launched 24 January 2023
Following on from the widespread condemnation of P&O Ferries which dismissed its entire workforce in late 2021, the government has just launched a consultation on a new Code of Practice on Dismissal and Re-engagement.
The aim is to prevent or at least curtail the practice of ‘fire and rehire’ where employees who do not accept new terms and conditions are dismissed and then offered their job back on the new terms.
The proposed code will crack down on unscrupulous employers, in particular making it clear that threats of dismissal should not be used.
It will give courts the power to apply a 25% uplift to employee compensation, in the same way as the ACAS Code of Practice is enforced.
The consultation launched on 24 January and closed on 18 April 2023. There are currently no further updates.
Effective sometime in 2023
Two Private Members' Bills, The Fertility Treatment (Employment Rights) Bill and The Miscarriage Bill, would both give employees the right to time off, in the first case to attend fertility appointments, the second in the case of miscarriage.
Neither Bill has yet received government backing, generally considered vital for Private Members Bills to progress into law.
A second reading will take place for both Bills in the House of Commons on 24 November 2023.
You can keep an eye on these Bills as they progress:
Miscarriage Leave
Fertility Leave
Effective 7 March 2023
The UK ratified the International Labour Organisation’s Violence and Harassment Convention on 7 March 2022. It will come into force on this date in 2023.
This is a first-of-its-kind global common framework for action to eradicate workplace violence and harassment.
In parallel, the Worker Protection (Amendment of Equality Act 2010) Bill was introduced by Liberal Democrat MP Wera Hobhouse as a Private Members' Bill in June 2022.
The purpose of the Bill is to protect employees from third party sexual harassment in the workplace by imposing new duties on employees.
It has passed its first and second readings and committee stage without amendment and with cross party support. It is likely to become law later this year.
An amendment is currently being considered due to concerns the Bill may result in the repression of free speech - but this is yet to go through.
The amendment will set a ceiling on what can be considered reasonable steps for an employer.
Employers would not be liable for acts which would normally amount to harassment but where the conduct occurs in a conversation in which:
an individual is not a participant
an individual is not the object of the conversation
the speaker is expressing an opinion on a political, moral, religious or social matter
the opinion is not offensive
there is no intent to violate dignity
Note the amendment would not apply to sexual harassment.
To be confirmed
The government has introduced ‘proposals to reduce ill health-related job loss’. The consultation builds a case for employers to do more to support employees with health conditions. In return the government is committed to providing more help for employers.
The plan includes:
Changing the legal framework so that employees would be able to request workplace modifications for health reasons without being disabled within the definition of the Equality Act 2010 (employers would be able to refuse such requests for business reasons).
Extending SSP to those below the Lower Earnings Limit by paying it as a proportion of employees’ wages, paying a proportion of SSP during a phased return to work, and increasing fines for non-payment of SSP.
Increasing market capacity for, and improving the quality and value of, occupational health provision.
Employees will be encouraged to raise issues, and employers should accommodate these where possible. This will enable businesses to retain talent and build workplaces that support an employee’s physical and mental health needs.
Effective 5 December 2022
Now in force, The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 widens the ban on exclusivity clauses which restrict staff from working with multiple employers, and makes unenforceable in non-zero hours contracts exclusivity clauses for those whose net average weekly wage is below or equivalent to the Lower Earnings Limit of £123 a week.
The regulations also make it automatically unfair for employees to be dismissed for the reason (or principal reason) that they have breached an exclusivity term in such a contract.
They also create a right for workers not to be subjected to a detriment for breaching an exclusivity term in such a contract and provide remedies through an employment tribunal claim for a breach of such rights.
By 31 December 2023
On 22 September 2022, the government introduced the Retained EU Law (Revocation and Reform) Bill to Parliament. The legislation is intended to ‘put the UK statute book on a more sustainable footing’ post-Brexit, by ending the special status of retained EU law under UK law.
The Bill contains a complex mix of provisions and powers to revoke, amend, replace, restate or ‘assimilate’ retained EU law. It has passed its third reading in the House of Lords and is set to return to the Commons.
In May 2023, the government dropped its highly controversial ‘sunset clause’, which aimed to ensure the process was completed by the end of 2023.
Instead, a schedule of around 600 pieces
of secondary legislation and EU legislation is expected to be revoked at the end of the year.
Changes that would have previously come into effect could impact TUPE, working time, discrimination law, agency workers, and equal pay.
With the appointment of Rt Rishi Sunak as Prime Minister, the degree to which the Bill will remain a priority in the government’s agenda is unclear. However, the current administration intends to prioritise reforms which have the greatest potential to drive growth.
Of the sectors expected to be prioritised for reform in the next year are:
digital technology
life sciences
green industries
advanced manufacturing
Currently at the report stage in the House of Lords. The date effective is predicted to move from the end of 2023.
The provision for the extension seems likely and current predictions suggest an extension to next Summer (June 2024).
The Police, Crime, Sentencing and Courts Act 2022 will reduce the time taken for certain convictions to become ‘spent’, and no longer automatically disclosed for the purpose of employment checks. The changes will apply as follows:
Custodial sentences of up to one year will become ‘spent’ after 12 months without re-offending.
Convictions between one and four years will become ‘spent’ after four crime-free years.
Sentences of over four years do not need to be automatically disclosed to employers where there has been a seven-year period of rehabilitation.
Two separate Private Members' Bills will seek to grant asylum seekers permission to work, where they have waited six months for a decision on their asylum application. Chris Stephens MP and Carol Monaghan MP (Scottish National Party) are sponsoring the proposals.
The next stage is the second reading in the House of Commons - sitting will take place 24 November 2023.
This Private Members' Bill, sponsored by life peer Baroness Kramer, would require regulations to be made establishing an ‘Office of the Whistleblower’ which would support whistleblowers.
For example, by maintaining a fund to assist them and provide financial redress to those whose careers have been harmed.
The second reading took place in the House of Lords on 2 December 2022. Currently awaiting committee stage.
