There are always changes to employment law.
Every April, the statutory rates for payments, such as statutory sick pay and family leave, are updated.
We thought sharing this information in advance would be helpful.
Below are the new amounts which apply from 2 April 2023:
Statutory sick pay: £109.40 per week
Maternity, paternity, adoption, and shared parental leave: £172.48 per week*
* These figures apply after the first six weeks’ leave and are subject to the lower-earning level, which will remain at £123 per week.
National Minimum/Living Wage (applicable from 1 April 2023)
Classification of worker Hourly rate:
Aged 23 and above (national living wage rate) £10.42.
Aged 21 to 22 inclusive of £10.18.
Aged 18 to 20 inclusive of £7.49.
Aged under 18 (but above compulsory school leaving age) £5.28
Apprentices aged under nineteen £5.28.
Apprentices aged 19 and over, but in the first year of their apprenticeship £5.28
Changes to Flexible Working Laws
In its second reading, the Employment Relations (Flexible Working) Bill 2022-23 will allow employees to request flexible working from day 1.
Currently, staff must have worked for their employer for 26 weeks or more to request flexible working. If enacted, the Bill will also allow the team to make two applications yearly (they can only create one every 12 months). This will also remove the need for the employee to explain how they believe their request will impact the employer.
Employers will have to consult with staff before refusing the application. Finally, the deadline for the employer to respond to the application will be reduced from 3 to 2 months.
The Carers’ Leave Bill will allow those with caring responsibilities the right to one week’s unpaid leave (or up to a week used at different times). This will also be a right from day 1.
Most businesses will support carers in any event, but this gives carers more certainty, mainly as the current Law usually provides time off only for emergencies.
Both of these changes will mean businesses must amend their flexible working policies to reflect this.
Protection from Harassment in the workplace
The Worker Protection (Amendment of Equality Act 2010) Bill will create statutory duties on employers to prevent sexual Harassment of employees and workers.
It will also convey liability on the employer for acts of third parties such as customers, clients, service users, and students (where the employer is a school, university, or another educational setting.
Employment Tribunals will have the right to increase awards in cases of this type by 25% where the employer has failed to take action.
Changes to protect employees from redundancy on maternity and family leave.
The Protection from Redundancy (Pregnancy and Family Leave) Bill will give pregnant parents and those on adoption or shared parental leave the right to further protection during their leave period.
If an employee on family leave is at risk of redundancy, the company has to offer them suitable reasonable alternative employment where it exists.
However, this currently only applies during their period of leave. If the new Bill is approved, this will extend to 6 months after their family leaves ends.
The Retained EU Law (Revocation and Reform) Bill
This Bill (if enacted but which is less likely) would mean that all retained EU Law (i.e., Law which became UK Law by us being part of the EU before Brexit) would be repealed automatically by 31 December 2023.
However, there has been a lot of opposition to this as it would end various laws such as TUPE, the working time regulations, agency workers’ rights, and equal pay. It remains to be seen if this will happen, but it looks less likely.