Employment Law Changes:
October 2022 to April 2023 and beyond!
🟢CONFIRMED EMPLOYMENT LAW CHANGES
1 October 2022: Right to Work Checks
The temporary changes to right to work checks which were introduced due to Covid, have now ended. Employers can no longer rely solely on digital right to work checks.
Employers must now:
1. Carry out a manual check by meeting with the employee to check and copy their original documentation; or
2. Appoint an ‘identification service provider’ (IDSP) to check the passport of the employee on their behalf or carry out the check themselves using ID document validation technology.
5 December 2022: Ban on exclusivity clauses for low paid workers and employees
Read a full blog about this change here.
In essence, you can no longer rely on an exclusivity clause preventing a worker or employee from taking on a second job or side hustle if they earn less than £123 in their work with you; even where the job is for a competitor.
Please review your contracts of employment and contact us for variations if necessary.
Why not give us a super quick call to check you are doing things correctly?
December 2022: Flexible Working Requests
The government has approved flexible working requests as a day 1 right and permitted up to two requests per annum. Further changes have been approved also but no date yet as to when employers will need to complete requests within the new requirements. Stay tuned, we’ll update you as soon as we know!
April 2023: New Rates
Every April sees rates increase. The same is the case this year where the following new rates will apply:
- Workers aged 23 and over: £10.42 an hour (National Living Wage)
- Workers aged 21-22: £10.18 an hour
- Development rate for workers aged 18-20: £7.49 an hour
- Young workers rate for workers aged 16-17: £5.28 an hour
- Apprentice rate: £5.28 an hour
- Statutory maternity, adoption, paternity and shared parental pay rises from £156.66 to £172.48 a week and
- Statutory sick pay rises from £99.35 to £109.40 per week.
May 2023: Additional Bank Holiday
There is an additional bank holiday for the King’s Coronation (it still sounds odd doesn’t it?!) on Monday 8 May 2023. The additional bank holidays for the Golden Jubilee and the Queen’s death has lead to an exciting time for us lawyers (do staff get the days as paid or not?!) and the question is still being asked of this years bank holiday.
The answer is the same as in a previous blog detailed here.
Or, just send your current contract over and let us figure it out for you!
PROPOSED CHANGES
🟡Retained EU Law (Revocation and Reform) Bill
The purpose is for the UK government to remove all EU legislation save for those it wishes to retain. There are over 2400 piece of legislation which, if the governemtn does not review them in time, could vanish. Although they don’t all affect employment law, a number do and it could have a significant impact next year on HR and employee management.
🟡Other changes
Changes are in review for:
- Fertility Treatement (Employment Rights) Bill
- Miscarriage Leave Bill
- Working Time Regulations (Amendment) Bill
- A Code of Practice on Tips : Read more on the current position here.
🟡Holiday Pay (more expected than proposed)
Due to a recent decision in the Supreme Court (detailed here) we are expecting more changes to annual leave calculations this year.
Let us help direct you with the new Employment Law changes
Aside from the on-going issues of the cost of living crisis, there is a LOT going on for employers! It really is a difficult time to be in business and we don’t envy you. Let us help with any HR headaches. Drop us an email or call us for a quick freebie chat to clarify any of the above.
Call us on 01270 781 006
