What’s new in Employment Law in 2023?

Several Private Members’ Bills are progressing through Parliament:

The Employment Relations (Flexible Working) Bill will make the right to request flexible working a ‘right from day one’, introduce a requirement for companies to consult with employees before rejecting their requests for flexible working, permit an employee to make two requests per year, require a decision to be made within two months, and remove the requirement for employees to explain the impact of their proposed change on the employer.

The Carer’s Leave Bill will entitle employees with care obligations to take one week of unpaid leave per year.

The Neonatal Care (Leave and Pay) Bill will give employees with responsibility for children receiving neonatal care for at least seven days a right to leave and pay for up to 12 weeks.

The Protection from Redundancy (Pregnancy and Family Leave) Bill will extend the protection from redundancy that currently applies to employees on maternity/adoption/shared parental leave to apply to employees who are pregnant and those who have recently returned from maternity/adoption/shared parental leave.

Industrial Relations:

The Transport Strikes (Minimum Service Levels) Bill will require minimum service levels during strike action relating to transport services. The Government has indicated that it is considering extending this measure to other public services and may introduce further measures to deter industrial action in the public sector.

Retained EU Law:

The Revocation and Reform aka Brexit Freedoms Bill is to free the UK of all the retained EU laws by the end of 2023, except for those pieces of legislation that the UK Government wants to keep in place. There are over 2,000 pieces of retained EU law to be reviewed before the end of the year.

Pay and Benefits:

The Employment (Allocation of Tips) Bill says that an employer must ensure that the total amount of tips, gratuities and service charges paid is allocated fairly between workers of the employer at that place of business.

Other possible employment law changes

An overhaul of financial services regulations (Senior Managers & Certification Regime) has been announced and several bills are due to be debated in the House of Commons:

  • Worker Protection (Amendment of Equality Act 2010) Bill
  • Employment (Application Requirements) Bill
  • Fertility Treatment (Employment Rights) Bill
  • Miscarriage Leave Bill
  • Working Time Regulations (Amendment) Bill
  • Human Rights and Modern Slavery (Bill of Rights) Bill

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