Expert View
EMPLOYMENT LEGISLATION – BE PREPARED
by Victoria Mitchell, Partner and head of employment law, Farleys
Although at the time of writing dates have not yet been confirmed for the implementation of new employment legislation as a result of the UK’s exit from the EU, they are anticipated to be in the not too distant future.
As such, employers will need to ensure they are adequately prepared. Particular areas of reform include:
Working Time Regulations
• Removing EU retained case law that imposes the requirements for employers to keep records of working hours for almost all members of the workforce
• Introducing rolled up holiday pay
• Merging the four weeks annual leave entitlement which is provided by the EU working time directive with the 1.6 weeks statutory leave entitlement.
or so, though the timetable remains sketchy.
Alison spells some of them out. She says: “Sometime in 2024, but we know not when, employees with caring responsibilities will be able to take one week’s unpaid leave from work per year. They need no qualifying service to have this right. We don’t know whether this will be a right to ask but not a right to have, or a right to have.
At present employers
should have all of these changes on their radar and be prepared to update or create new policies
“Also sometime in 2024, any employer gathering tips or applying service charges must pay these to employees subject to deductions for tax and national insurance.”
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is also set to come into force either this year or next.
This Act extends the existing length of protection from redundancy for mothers by a further six months to 18 months from the date of the baby’s birth. Employees using adoption leave also gain extended protection from redundancy to 18 months for one parent from the date they return to work post-adoption.
Non-compete clauses
• The introduction of new legislation to limit the length of non-compete clauses to three months.
TUPE Regulations
• Under current regulations, businesses cannot consult employees directly where they do not have employee representatives in place and instead new employee representatives are required to be elected. The proposal is to remove this requirement for businesses with fewer than 50 people and transfers affecting less than 10 employees.
As a result of any changes, employers will need to be prepared to review employment contracts and procedures and amend them accordingly to ensure they are adhering to legislation. If you have any doubts, we would advise you speak to an employment law solicitor.
Moving forward to 2025, the Neonatal Care (Leave and Pay) Act 2023 will come into effect providing 12 weeks paid leave for parents of newborn children needing neonatal care.
Alison also points out other changes on the horizon. She says: “Making the right to request flexible working a day one right has had significant attention in recent months. We don’t know when this will come into effect, but the government has been clear that when it does, the legislation will remain a right to request flexible working and not a right to have.”
She says: “Although we know these changes are coming, there is work to be done on the detail of how they will be implemented and what the expectation of the employer is.”
Stuart adds: “At present employers should have all of these changes on their radar and be prepared to update existing policies or to create new policies as well as communicating with staff so that they are aware of what is altering and why.”
Victoria Mitchell, partner and head of employment law, Farleys, also calls on businesses to be prepared. She says: “Employers will need to be prepared to review employment contracts and procedures and amend them accordingly to ensure they are adhering to legislation.”
And she adds: “It is worth noting that many of the proposals will actually reduce administrative burdens on employers.”
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