Last year was yet another year of uncertainty and disturbance as the UK battled with the continuing effects of the pandemic, a merry-go-round of Prime Ministers, an unstable economy and major global events that continue to shake the world.
2023 has started off with waves of strikes and industrial action which is likely to rock the boat as we sail through recession headwinds.
Our Employment Law specialists at Lamb Brooks take a look ahead at the key developments and changes set to shape the legal landscape in 2023/24 and with some trends or areas to be aware of.
A Reminder of Recent Legislation Changes
There were a few changes of law which came into play late 2022 which employers may see being raised in the workplace this year.
- Rights to Flexible Working
A major topic for many employers and HR managers over the last couple of years – the Government backed a bill to make changes to flexible working which allows employees to make reasonable requests from day one of their employment, as opposed to only being able to do so after a minimum of 26 weeks continuous service. This came into play on 5 December 2022, so HR managers may see an increase in requests for flexible working in 2023. Remember that flexible working isn’t just working from home – it could be changing working hours, compressing their work week, job sharing, working remotely or even from overseas. Under the new rules, employers must respond to flexible working requests within two months rather than three to help speed up the process.
- Unpaid Leave for Carers
With an aging workforce, many people working find themselves with the additional responsibility of caring for an elderly, vulnerable parent or family member, who didn’t benefit from the same rights to emergency time off for dependents (children). The private members bill which was agreed from 21 October 2022, entitles employees to take up to one week of unpaid leave a year to provide care.
- Neonatal Leave & Pay
The new law allows parents to take up to 12 weeks of paid leave in addition to their maternity, paternity or shared parental leave should their baby be born prematurely and require neonatal hospital care.
Ones to Watch
Employment Law is forever changing and developing, but as with everything, new bills and laws take some time to go through parliament before being passed and the relevant guidance being produced. There are a number of possible legislative developments in early stages that we could see being spoken about this year including the Worker Protection Bill, the Fertility Treatment Bill, the Miscarriage Leave Bill and the Working Time Regulations Bill.
Some other areas where we know changes or trends are coming in 2023 include;
- Extended Rights for Pregnant Workers and New Parents
A new bill is being considered by the House of Commons to provide more job security and support to expectant mothers and new parents. Under current rules, employers have to offer a suitable alternative vacancy if they are proposing to make a worker who is on maternity, paternity or adoption leave redundant. This is likely to be extended to also include pregnant employees and new parents returning to work.
- National Minimum Wage Increases
From 1 April 2023 the National Living Wage will rise to £10.42. The rates for young workers are also increasing by up to 10.9% as follows: Apprentice - £5.28, 16–17-year-olds - £5.28, 18–20-year-olds - £7.49- and 21–22-year-olds - £10.18. Employers or those who manage payroll, should check employee’s ages against their salaries and ensure increases are made where applicable in time for 1 April 2023.
- Statutory Pay Increases
The weekly rate for statutory maternity, paternity, shared parental leave and adoption leave will increase to £172.48 from 2 April 2023. Statutory Sick Pay will also rise to £109.40 per week from 6 April 2023.
- Tip Allocation
There are new laws in discussion that could make it unlawful for employers to keep or unfairly allocate tips. In the hospitality industry, cash tips usually make their way to the staff members involved in serving customers, however with most people paying by card, or establishments exclusively only accepting card payments, this doesn’t happen across the board. The Employment (Allocation of Tips) Bill proposes to make tips distributed in a fair and transparent manner with records kept. Whilst it is unclear how this will work in practice; a sitting has been scheduled for 20 January 2023 to conclude the report. The outcome of this bill is something for businesses in the hospitality
- Carer Development and Coaching
It is predicted that there will be more demand for additional training and support from employees in 2023. Many workers spent the last couple of years adjusting to changes in the workplace and perhaps put their career development on hold whilst battling the storm with unsettled job security. Now many people are in a position where they want to develop new skills and require more personal support from their employer after years of remote working and lack of social interactions.
- Tackling Burnout
Employee burnout is being talked about by millions over social media and news platforms at the moment. Employee wellness and mental health initiatives could form a key part of company’s strategic plans for recruiting, retaining and supporting their staff.
- Staff Retention
With the economy slowly recovering from the pandemic and a younger generation of workers forming a large proportion of staff numbers, employers need to consider how they are adapting to the changing dynamics, desires and motivation of their workforce. What those running the company may value could be entirely different from the Generation Z entering into the workplace.
Employment Law Advice for Your Business
Whether you run your own business or work within a HR department, if you find yourself in need of legal advice or more specialist support, then please get in touch with our trusted Employment Law Team today.
The beginning of a New Year is a good opportunity to audit your practices and paperwork, ensure that all your policies are reviewed and that your contracts and procedures are working to protect your business efficiently. It is also a good time to put in place some training for your managers on various workplace issues to ensure that your workforce is supported.
If you are facing any disputes or concerns with employees, then please do not hesitate to contact someone today to find a peaceful way forward.
Call us on 01256 844888, email enquiries@lambbrooks.com, speak to our online chat assistant or complete an enquiry form on our website to see how we can help you further.
The contents of this article are for the purposes of general awareness only. The do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.