2023 Employment Law Update

A number of new employment laws were passed in 2023, but most will not come into force until 2024 or beyond. This gives employers plenty of time to prepare.

Employment (Allocation of Tips) Act 2023

This law will require employers to pass on 100% of tips, gratuities, and service charges to employees in a fair manner. It is expected to come into force around a year after Royal Assent was given, to give time for secondary legislation to be created and put before Parliament and for a new statutory Code of Practice to be written and subjected to public consultation.

Carer's Leave Act 2023

This law will give unpaid carers the right to up to five days' leave per year to provide, or make arrangements for, care for someone with a long-term care need who is dependent upon them. It is not expected to come into force before April 2024, to give employers time to create new processes to keep track of this leave and ensure staffing levels are sufficient to accommodate it.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

This law will extend protection from redundancy beyond maternity leave to include during pregnancy, or adoption or shared parental leave, and for six months after. Regulations will need to be put before Parliament with the finer details of this right before it can be implemented.

Strikes (Minimum Service Levels) Act 2023

This law will require minimum service levels to be met in certain industries for strike action to be lawful. Secondary legislation is needed to determine the specific minimum service levels for particular sectors before this Act can be implemented.

Neonatal Care (Leave and Pay) Act 2023

This law will allow new parents to take up to 12 weeks of paid leave, in addition to existing leave entitlements, to allow them to spend more time with their baby who has been hospitalised (up to 28 days after birth) and who needs a continuous stay in hospital of seven full days or more. It is not expected to be implemented until April 2025, however provisions in the Act are anticipated to commence ahead of this date.?

Workers (Predictable Terms and Conditions) Act 2023

This law gives all workers, including those on zero-hours contracts, the legal right to request a predictable working pattern. It is expected to come into force in approximately a year. Acas will produce a new Code of Practice to provide further guidance on making and handling requests.

Pensions (Extension of Automatic Enrolment) Act 2023

This law will lower the age at which eligible workers must be automatically enrolled into a pension scheme by their employer from 22 to 18. The Department for Work and Pensions will launch a consultation on implementing the new measures in due course.

Employers should start planning now for how they will implement these new laws. This includes reviewing their existing policies and practices, and making any necessary changes. Employers should also keep an eye out for the secondary legislation and statutory instruments that will be needed to implement some of these laws, as this will provide more detail on how the laws will work in practice.?

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