There are always change to employment law. Every April the statutory rates for payments such as statutory sick pay and family leave is updated. We thought it would be helpful to send this information out to you in advance. 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 6 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 £10.18
Aged 18 to 20 inclusive £7.49
Aged under 18 (but above compulsory school leaving age) £5.28
Apprentices aged under 19 £5.28
Apprentices aged 19 and over, but in the first year of their apprenticeship £5.28
Changes to Flexible Working Laws
Currently in its second reading, the Employment Relations (Flexible Working) Bill 2022-23 will allow employees to request flexible working from day 1. Currently staff need to have worked for their employer for 26 weeks or more to make a request for flexible working. If enacted, the Bill will also allow staff to make 2 applications per year (they can currently only make 1 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 months to 2 months.
The Carers’ Leave Bill will allow those who have 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 just provides carers with more certainty, particularly as current law provides time off usually only for emergency situations.
Both of these changes will mean that businesses will have to amend their flexible working policies to reflect this.
Changes to protect employees from redundancy on maternity and family leave
Under the Protection from Redundancy (Pregnancy and Family Leave) Bill, this will give pregnant parents and those on adoption or shared parental leave the right to further protection during their period of leave. At present, if an employee who has been 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 leave ends.
Protection from Harassment in the workplace
The Worker Protection (Amendment of Equality Act 2010) Bill will create statutory duties on employers to actively 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 other 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.
The Retained EU Law (Revocation and Reform) Bill
This Bill (if enacted but which is looking less likely) would mean that all retained EU Law (i.e. Law which became UK law by virtue of us being part of the EU prior to Brexit) would be repealed automatically by 31st December 2023.
However, there has been a lot of opposition to this as it would see an end to various laws such as TUPE, the working time regulations, agency worker’s rights and equal pay. It remains to be seen if this will happen but it’s looking less likely.
Tips for staff
Under The Employment (Allocation of Tips) Bill, proposals have been put forward so that staff who receive tips will be entitled to keep 100% of them. At present, the company can retain a percentage of them, but the plan is that all tips will be divided equally between the staff. Businesses would have to keep records of the tips they receive and how they have been allocated.
If you have any questions about anything you’ve read, please don’t hesitate to get in touch with us or follow us on LinkedIn for more helpful advice like this.
