Head of Ops, Kendal Hulme, provides an employment law recap for 2023 and explains what is planned for 2024.
It has been another busy year for employment law in 2023, with new legislation being passed, and guidance implemented. There are also more changes planned to take place in 2024.
We’ve recapped on 2023 so far and highlighted some of the important changes to come in the new year for you in the table below.
| Legislation/Guidance | Current Status | Expected to come into force | Overview | |
| Harassment in the Workplace | Effective now | In force from 7th March 2023 | A framework designed to eliminate harassment and violence in the workplace. | |
| New workplace standards for menopause and menstruation support | Effective now | In force from May 2023 | The British Standards Institute (BSI) produced a free toolkit for employers to support in identifying misconceptions surrounding menopause and also reduce the stigma attached to menopause and menstruation in the workplace. | |
| The Protection from Redundancy (Pregnancy and Family Leave) Act | Effective now | In force from 24th July 2023 | An Act that ensures further protection for employees from the moment they inform their employer they are pregnant/of the pregnancy and until 6 months after their return to work following maternity, shared parental or adoption leave. | |
| Guidance for employers managing sickness | Effective now | In force from 6th October 2023 | The Government produced detailed updated guidance on managing sickness including the use of a checklist upon receipt of a fit note and encouraging communication and support returning to work to reduce long term sickness. | |
| Retained EU Law (Revocation and Reform) Act 2023 | Gained Royal Assent 29th June 2023 | by end of 2023 | The Act will allow amendments, replacements and otherwise to retained EU Law. This could impact TUPE regs, the Working Time Directive, Equal Pay, Discrimination Law and Agency Workers. | |
| Time off for Fertility Treatment and time off for Miscarriage | Second Reading in the House of Commons 24th November 2023 | by end of 2023 | 2 separate Bills (The Fertility Treatment (Employment Rights) Bill and The Miscarriage Bill) which would give employees time off in the cases of fertility treatment or miscarriage. | |
| Asylum Seekers (Permission to work) Bill | Second Reading in the House of Commons 24th November 2023 | by end of 2023 | This Bill seeks to allow asylum seekers a right to work when they have waited 6 months for an asylum application decision. | |
| Employment (Allocation of Tips) Act 2023 | Gained Royal Assent 2nd May 2023 | from early 2024 | An Act that will force employers to share tips evenly between the workforce without deductions. | |
| National Living Wage and National Minimum Wage increases | Confirmed | 1st April 2024 | Aged 21 and over: £11.44 Aged 18-20: £8.60 Aged under: £6.40 18 Apprentice: £6.40 | |
| Carer’s Leave Bill | Gained Royal Assent 24th May 2023 | from Spring 2024 | A Bill that would allow those who have caring responsibilities to be entitled to up to 1 week (5 days) unpaid leave a year to arrange or provide care for a dependent who requires long-term care. | |
| Employment Relations (Flexible Working) Act 2023 | Gained Royal Assent 20th July 2023 | from Spring 2024 | The hope the government has, in the amended rules around Flexible working, is that employees will have enhanced access to flexible working opportunities from day 1 of employment which will in turn support, employers in recruitment and retention of staff. | |
| Pensions (Extension of Automatic Enrolment) Act 2023 | Gained Royal Assent 18th September 2023 | from April 2024 | This Bill seeks to allow the extension of pensions automatic enrolment to employees who are 22 and under. Lower earning thresholds are also to be considered for auto enrolment. | |
| Workers (predictable terms and conditions) Bill | Gained Royal Assent 18 September 2023 | from Autumn 2024 | A Bill to provide workers and agency workers the right to request more predictable terms and conditions of work under certain circumstances. | |
| Neonatal Care (Leave and Pay) Bill | Gained Royal Assent 24th May 2023 | from April 2025 | This Bill would allow those parents whose children are requiring neo-natal care provisions for both pay and leave. | |
| Workers (Rights and Definition) Bill | Second Reading in the House of Commons May 2022 | TBC | If introduced as law this Bill will abolish the difference between workers and employees and give workers the same additional employment rights employees receive. | |
| Code of Practice on Dismissal and Re-engagement | Consultation closed 18th April 2023 | TBC | The code will govern employers more stringently on meaningful consultation when attempting to change terms and conditions of employment. Alternatives must be explored more in depth before threatening dismissal and re-engagement on new terms. | |
| Strikes (Minimum Service Levels) Bill | Gained Royal Assent 20th July 2023 | TBC | This Bill will ensure a minimum service provision in certain sectors such as passenger rail services, ambulance services and fire and rescue services, when industrial strike action is taken. | |
| Worker Protection (Amendment of Equality Act 2010) Act | Gained Royal Assent 26th October 2023 | TBC | The Act enhances an employer’s duty to prevent employees from harassment and increases employer liability. | |
| Proposal to reduce ill health-related job loss | Proposal | TBC | Current consultation to give more support to employees with health conditions from employers. This includes employees being able to request reasonable adjustments even if they are not considered disabled within the definition of the Equality Act 2010 and reviewing SSP provisions for those below the Lower Earnings Limit in some cases. | |
To find out more information or if you require any advice surrounding the employment law 2023 and 2024 changes get in contact with our team of experts.
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