January 17, 2023
As recent years have proved, the employment law landscape is continuously evolving. From the rise of remote working, to the launch of the IR35, we’ve been witness to many shifts in the working world. And, 2023 is going to be no different. In this article, we take a look at just some of the big changes that lie ahead in the year to come.
So, let’s kick things off...
Back in September 2022 the UK government published its Retained EU Law (Revocation and Reform) Bill in the House of Commons. This Bill has created a presumption that all EU-derived laws will be removed from domestic law at the end of 2023, unless specifically saved.
If passed, it seems unlikely that the bill will result in a wholesale removal of EU-derived employment rights, but it is possible that it will result in a downgrade of workers’ rights. The kinds of laws that we could see affected are working time and paid holiday, TUPE (although we’re not sure many people would be sad to see TUPE amended), part-time and fixed-term workers’ rights, and agency worker’s rights.
The uncertainty around this means that employers would do well to keep an eye out this year for announcements about employment rights derived from EU law. For all we currently know, there could be a sudden and drastic upheaval of employment law, no change at all, or something in between! Watch this space.
In 2022, the UK government responded to a report commissioned by the Minister for Employment about menopause and employment. In its response, the government stated that it does not believe that there are any changes needed to the Equality Act 2010 to further protect people going through the menopause at work. Essentially, the government has concluded that the existing protections under the Equality Act provide adequate protection against unlawful treatment.
However, the Women and Equalities Committee has published a separate report on menopause in the workplace and has taken a different stance to that taken by the government. Two of the Committee’s key recommendations are:
The government has not yet responded to the Committee’s report.While these reports, and the government’s response, don’t tell us much about what will happen regarding menopause in the workplace, it is clearly a topic that has got people talking, so employers should take care to ensure they are supporting employees experiencing the menopause and keep an eye out for possible future changes to the Equality Act.
The Government has recently announced support for a number of Private Member’s Bills (basically proposed new laws introduced by MPs and Lords who are not government ministers). This is not a guarantee that the Bills will pass but does increase the likelihood of the proposals coming into force this year (or next). The Bills that have received support include:
The fact that these Bills have received support does not mean they will definitely become law but can give an idea of the way the wind is blowing when it comes to employment law changes.
And finally, changes to statutory payments are on the horizon. The increases to statutory rates will be:
We provide support to countless fast-growth businesses seeking to do right by their people, and their business. Not sure how changes to employment law will impact you?
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