By Georgiana Delorme
Photo by Icons8 Team on Unsplash
I was chatting the other day to a commercial and insurance barrister. In comparing “notes” on our respective areas of law, he commented he felt he had it much easier, in that Employment law seems to constantly keep those who practice in it on their toes, with ever changing legislation and a stream of constant case law. I couldn’t agree more but that’s one of the many facets that I love about it; the continual learning and the application of new laws or case decisions to matters you’re working on.
With that it mind, I thought it was a ripe time to let our readers know about some legislative changes which have taken or will take place this year. These are set out in brief below:
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
The provisions aim to simplify the calculation of holiday entitlement for part-year and irregular hours workers. In TUPE <50 employees will be able to consult directly with employees rather than having to have worker representatives in place. Businesses won’t be obliged to maintain a record of worker’s daily working hours but instead will need to keep adequate records to demonstrate compliance with the Working Time Regulations.
Equality Act 2010(Amendments) Regulations 2023
The purpose of the Amendment Regulations 2023 is to reproduce in the Equality Act 2010 (EqA) certain interpretive effects of retained EU law which provide protection against discrimination, and which would otherwise have ceased to apply from the end of 2023 because of the Retained EU Law (Revocation and Reform) Act 2023. One such example is refining the definition of disability under the EqA to consider a person’s ability to engage in working life as a relevant factor in assessing “day to day activities”.
Employment Relations (Flexible Working) Act
Employees gain the right to make two flexible working requests within any 12 month period (previously one). The obligation on the employee to explain what effects the proposed change has on their employer and what solutions are available to mitigate these effects, is no longer required. Employers are now required to consult each employee if they are rejecting there flexible working request and need to reach a decision within two months instead of three.
The Carer’s Leave Act
This guarantees eligible employees the right to take one weeks’ leave per year to care for a dependent. To cover, spouse, civil partner, child, parent, or a person relying on the employee for care. This is a day one right.
The Neonatal Care (Leave and Pay) Act
This allows additional time off (up to 12 weeks) beyond the standard parental leave. Applicable from day one, it provides paid leave for parents when their baby is in neonatal care.
Employment (Allocation of Tips) Act 2023
This will protect the earnings of hospitality workers and employees. This act makes it illegal for businesses to withhold tips from employees. Employers must ensure fair tip allocation, prompt payment, and maintain clear written policies, such as a three year record of tip distribution.
National Minimum Wage
The largest ever increase to a minimum wage in cash terms (£11.44 an increase of £1.02) and will apply to all workers over 21 for the first time (previously over age 23)
Police, Crime, Sentencing and Courts Act 2022
This has come into force which means that criminal convictions become spent after a shorter time, reducing the period that individuals are legally required to declare them to their employers.
The Worker Protection (Amendment of Equality Act 2010)
Employers will be under a statutory duty to take reasonable steps to prevent sexual harassment in the workplace. If employer fail to take reasonable steps to prevent sex harassment, the Equality and Human Rights Commission can take enforcement steps, plus any successful tribunal claim will be subject to a compensation uplift of 25%.
Workers (Predictable Terms and Conditions) Act 2023
This introduces a new statutory right for workers (including agency workers) to request a more predictable working pattern. Can be requested once in a year and will broadly follow the current requests for flexible working process including reasons for employer to refuse request such a costs burden, detrimental impact on business or there being insufficient work during the periods the worker has asked for work.
June 2024
Georgiana is an experienced Employment Law solicitor at Tend Legal. She delivers clear, pragmatic legal advice and sustainable solutions in a friendly, no-nonsense manner.
If you need advice on any of the areas discussed above or anything else Employment Law related, don’t hesitate to get in touch. We are here to help!
Tend Legal, London