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WHAT TO EXPECT FROM EMPLOYMENT LAW IN 2023
from SMTA Auto Insight – Issue 12
by SMTA
As 2023 starts to gather momentum, we take this opportunity to look forward to some of the anticipated developments in UK employment law in the coming year.
Strikes (Minimum Service Levels) Bill – The Government last month introduced a Bill before Parliament allowing employers to require some trade union members to continue working during strike action. The Bill is designed to ensure essential public services continue during strikes and is expected to cover transport services, the NHS, education, fire and rescue, border security and nuclear decommissioning.
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Statutory Code of Practice on Dismissal and Re-Engagement
The Government is expected to issue a draft statutory code on dismissal and re-engagement in early 2023, requiring employers to consult with employees when proposing changes to terms and conditions of employment.
Retained EU Law – As things presently stand, all retained EU law will be revoked on 31 December 2023 unless a positive decision is made to retain particular laws. This could potentially affect many basic employment rights which are derived from EU law, including minimum annual holiday entitlement, maximum hours of work per week, employee protections under TUPE and protections for agency workers, part-time workers and fixed term workers.
Rights Originally Proposed in the Employment Bill – The Queen’s Speech in December 2019 had announced that the Government was planning to introduce a new Employment Bill before Parliament. This now seems unlikely, however a number of the measures that were intended to be included in the Bill are now proceeding as Government-backed Private Members’ Bills. The Private Members’ Bills are: y Carer’s Leave Bill – this will introduce a new flexible entitlement to one week’s unpaid leave for employees providing or arranging care for a dependent with a long term care need. y Employment (Allocation of Tips) Bill – this will require employers to allocate tips, gratuities and service charges to workers without deductions. y Employment Relations (Flexible Working) Bill – this will amend the process for requesting flexible working, including making it a day one right, allowing employees to make two requests in any y Neonatal Care (Leave and Pay) Bill – this will introduce a right to up to 12 weeks of neonatal leave for parents of children who are receiving, or have received, neonatal care. The leave will be paid if parents meet certain qualifying criteria. y Protection from Redundancy (Pregnancy and Family Leave) Bill – this will extend the protected period during which employees on maternity leave must be offered suitable alternative employment where a redundancy situation arises to 18 months after the birth.
12-month period (increased from one) and requiring employers to make a decision within two months (reduced from three).
Just Employment law are employment law specialists with expertise in assisting employers with a wide range of employment matters, If you are interested in learning more about our services, please contact us on 0141 331 5150 or at enquiries@ justemploymentlaw.co.uk. You can also visit our website at justemploymentlaw.co.uk.
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