HR – Legislation Update – November 2023

Here is our latest update on key employment legislation changes and what is around the corner. 

If you’d like to discuss how any of the below could impact your business you can arrange to speak with a member of our HR team by emailing connect@cogitohr.com. 

Recent News

Fire Safety

In October 2023, employers will face increased fire safety obligations under the Regulatory Reform (Fire Safety) Order 2005, necessitating more detailed risk assessment records, a change driven by the Building Safety Act 2022.

Immigrant Workers Pay

Starting from 9 am (BST) on October 4, 2023, the cost of employing immigrant workers will rise. The Certificate of Sponsorship assignment fee and Global Business Mobility applications will increase by 20%, while visa applications for categories such as Skilled Worker, Global Business Mobility, Global Talent, Graduate, Innovator Founder, Start-up, and High Potential Individual will see a 15% fee hike. These fee increases aim to contribute partly to public sector pay rises, with a detailed fee list available on the Home Office website.

Looking Ahead

Upcoming changes, though not effective until 2024 or later, will impact employers, allowing them ample time to adapt to new requirements.

Employee Tip Payments

Key upcoming changes include the Employment (Allocation of Tips) Act 2023, where employers will be obligated to distribute 100% of tips, gratuities, and service charges fairly once implemented. This Act received Royal Assent on May 2, 2023, with a commencement date expected approximately a year later, allowing time for secondary legislation and a statutory Code of Practice to be created.

Carers Leave

The Carer’s Leave Act 2023, providing up to five days’ leave for unpaid carers, received Royal Assent on May 24, 2023. However, its expected commencement is not before April 2024, allowing employers time to establish processes to manage this leave effectively.

Redundancy Protection

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends protection beyond maternity leave, covering pregnancy, adoption, and shared parental leave for six months after. Though Royal Assent was granted on May 24, 2023, detailed regulations are pending before Parliament.

Strikes

The Strikes (Minimum Service Levels) Act 2023, requiring minimum service levels for lawful strikes in specific industries, received Royal Assent on July 20, 2023. Implementation awaits sector-specific minimum service level determinations through secondary legislation.

Neonatal Care

Under the Neonatal Care (Leave and Pay) Act 2023, new parents can take up to 12 weeks of paid leave, starting after the first 28 days of hospitalization for their baby. The Act received Royal Assent on May 24, 2023, with seven statutory instruments expected before Parliament for implementation, projected around April 2025.

Zero Hours Contracts

The Workers (Predictable Terms and Conditions) Act 2023, receiving Royal Assent on September 18, 2023, grants all workers, including those on zero-hours contracts, the right to request a predictable working pattern. Employers must respond to such requests within one month, with anticipated implementation in approximately a year. Acas will provide a new Code of Practice to guide employers.

Pension Auto-Enrolment

Also receiving Royal Assent on September 18, 2023, the Pensions (Extension of Automatic Enrolment) Act 2023 lowers the age for automatic enrollment in a pension scheme from 22 to 18. The Department for Work and Pensions will consult on implementing these changes.

Prominent Case of the Month

Rooney v Leicester City Council, the Employment Appeal Tribunal overturned a decision that a menopausal employee was not disabled.  This case, scheduled for a Tribunal hearing in October 2023, highlights the importance of addressing menopausal symptoms in the workplace to avoid disability discrimination claims under the Equality Act 2010.

Sources: 

Timetable of recent and forthcoming legislation: UK employment law | CIPD  

Employment tribunal decisions – GOV.UK (www.gov.uk) 

MENZIES LAW CASE REVIEW: employment law cases to watch in 2023 – Menzies Law