Employment Law: Will There Be a 2023 Employment Bill? | November 2022
Whilst the government accepted the Taylor Report in 2018, including the majority of the recommendations set out in the publication of the Good Work Plan, it has yet to implement many of the key changes.
Since then, mainly to the Covid-19 pandemic, these changes have still not come through and since the government is dealing with a number of issues currently making national headlines, this means that any future Employment Bill is still in limbo.
However, should the Bill appear in 2023, there are several key points that employers need to be aware of are likely to be included in any such Bill:
Right to request a more predictable and stable contract
This new right will mean that an employee can request a more stable and predictable contract after 26 weeks employment. This could include a guaranteed number of hours and certainty around the days on which they will be asked to work.
The establishment of a new single enforcement body for employment rights
The establishment of a single new body to ensure employers comply with the law which would build on the compliance activity of the existing bodies in addition to providing detailed technical guidance to employers. The intention is also to introduce a compliance notice system for certain breaches when identifying non-compliance and the body to have powers to tackle such with civil penalties on employers.
Right to request flexible working from day one
There are several aspects to this much talked about proposed change one would be that employees would have the right to make a flexible working request from day one of their employment, rather than first having to accrue 26 weeks' service under the current legislative framework.
Employment Status Tests
The government have given a commitment to clarify the key issues of the employment status tests for employee, worker and self-employed. This is in response to several high-profile cases including Uber drivers, Pimlico Plumbers and Deliveroo couriers etc. and which is an urgently needed aspect of any future Bill.
Hospitality tips
New legislation to ensure that tips left by customers in restaurants are retained by staff in full and are not either partially or wholly taken off them by their employers.
The above is not an exhaustive list of the proposed changes in the Good Work Plan, however these are several of the key areas that employers need to keep an eye on in 2023.
NB: The above information is for general guidance only and is not legal advice. It should not be regarded or relied upon as a complete or authoritative statement of the law. However, if you have any HR issues on this or any other HR matters and would like to talk them through with our team, please contact us.
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