Employment law in 2023: key legislative changes for employers

There are numerous legislative changes to UK employment law which are anticipated to come in play in 2023.

Working time and annual leave

The decision of the Supreme Court in Chief Constable of the Police Service of Northern Ireland -v- Agnew should be handed down during 2023. The case, which was heard in December 2022, will determine whether a series of unlawful deductions from pay is broken if the deductions are more than three months apart.

Flexible and atypical working

The Employment Relations (Flexible Working) Bill 2022-23 is a Private Members Bill which would make changes to the right to request flexible working, including permitting an employee to make two requests in a year and requiring employers to consult with employees before refusing a request.

The Government confirmed it would support the Bill in its response to its 2021 consultation, making flexible working the default.

Industrial relations

The Transport Strikes (Minimum Service Levels) Bill 2022-23 will provide for minimum service levels in connection with strike action relating to transport services. The Government has indicated that it is considering extending this measure to other public services and may introduce further measures to deter industrial action in the public sector.

Pay and benefits

The Employment (Allocation of Tips) Bill 2022-23 provides that an employer must ensure that the total amount of tips, gratuities and service charges paid is allocated fairly between workers of the employer at that place of business. On 15 July 2022, the Government announced that it was backing this Bill.

Termination of employment

In early 2022, the Government announced plans to introduce a new Statutory Code of Practice on dismissal and re-engagement (so-called ‘fire and rehire’).

Human rights and modern slavery

On 22 June 2022, the Government introduced the Bill of Rights Bill 2022-23 which aims to repeal the Human Rights Act 1998 and create a new domestic human rights framework around the European Convention on Human Rights (ECHR), to which the UK will remain a signatory. On 07 September 2022, it was reported that the Bill was being dropped before its second reading. The Government was reported to be looking at different legislative options for reform. On 07 November 2022, however, it was reported that the Bill would be back in parliament shortly.

For advice and assistance on issues relating to any of the changes highlighted in this insight article, please contact our employment law specialists on 0116 285 8080 or email in at lawyers@bondadams.com