Trends in UK employment law for 2023

The best way to prepare for the future is to know what it will hold. Employment law can be a tricky subject for employers, especially when new changes are being introduced all the time. In this article, we’ll outline some of the most important trends in employment law and how those might affect your business. We’ll also show you how they’re likely to impact on employees’ rights and responsibilities – so you can make sure you’re compliant with all current legislation.

Changes in technology

The government is considering how to protect workers who work from home. The law has not kept up with changes in technology, which are making it easier for people to work from home and make their own hours. As a result, the government wants to make sure that employment law keeps up with new technologies so that employees have protection when they work from home or anywhere else they do their jobs. The government is considering whether or not to include remote workers in the definition of “employee” and therefore give them the same rights as those who work at an office.

The way people work has changed drastically in the UK over the past few years, with more and more people opting to work from home. This shift has had a significant impact on employment law in the UK, as employers must now provide their employees with more flexibility and support when it comes to remote working.

One of the most important changes is that employers are now required to provide their employees with a safe and secure working environment, even if they are not physically present in an office. This means that employers must ensure that their staff have access to the necessary tools and resources to do their job properly, such as reliable internet connection and appropriate software. They must also make sure that any data shared between staff members is kept secure at all times.

Another important change is that employers must now be aware of how technology can be used to monitor employee performance when they are working remotely. Employers should ensure that any monitoring or surveillance of employees is done in accordance with data protection laws, as well as making sure that employees are informed about what type of monitoring will take place.

Finally, employers must also consider how they can best support their staff who are working from home. This could include providing them with additional training or resources, offering flexible hours or allowing them to take regular breaks throughout the day. Allowing employees some degree of autonomy can help them stay motivated and productive while working remotely.

Overall, it is clear that technology and remote working have had a significant impact on employment law in the UK. Employers need to make sure they understand these changes and take steps to ensure their staff are supported when it comes to remote working.

Trade unions

2022 and 2023 have seen unprecedented strike action across many industry sectors, impacting public sector works, but also the private sector indirectly too. Also, private companies may have union workers whose rights have to be respected. Whether or not an employee belongs to a union, they have a right to take part in official industrial action, which can of course be troublesome to a business.

The effects of trade union strikes on UK employment law are significant. The law states that non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action. This is an important point to consider when it comes to strike action, as picketing is allowed by law provided it is done peacefully.

Employers must also adhere to certain conditions when it comes to industrial action, such as ensuring that employees are given sufficient notice and that they are not subject to any form of discrimination or victimisation for taking part in strikes. The Trade Union Act 2016 applies to Great Britain and sets out further rules regarding the rights of employees during industrial action.

Overall, the laws surrounding trade union strikes are designed to protect employees from unfair dismissal or discrimination while allowing them the right to take part in legal, official industrial action if they wish.

Flexible working

The UK government has recently proposed changes to employment law that will give employees the right to request flexible working from their first day of employment. This is a significant change from the current system, which requires employees to have worked for a certain amount of time before they can make such a request.

Under the new proposal, employers must consider all requests in a reasonable manner and provide an explanation if they are rejected. Employees can also appeal any decision made by their employer and take their case to an Employment Tribunal if necessary.

The proposed changes are intended to make it easier for employees to balance work and family commitments, as well as help employers attract and retain talent. It is also hoped that this will lead to more productive workplaces, as employees who have access to flexible working arrangements tend to be more engaged with their job and less likely to take time off due to stress or illness.

Holiday pay

The UK is set to experience a number of changes to its holiday pay laws in 2023. These changes include a higher minimum wage, a bonfire of EU regulations, and an additional bank holiday for the King’s Coronation on May 8.

Perhaps most significantly, the Retained EU Law (Revocation and Reform) Bill could result in the most significant shake-up of employment law in a generation. This bill provides that retained EU law will expire on 31 December 2023 unless express legislation is introduced to preserve it. As such, there is potential for many current regulations to be amended or removed altogether.

For those working on zero-hours contracts, their holiday entitlement may also change in 2023. The government has proposed legislation that would require employers to provide holiday pay based on a 52-week reference period, discounting weeks where no work was undertaken. This would ensure that all workers are entitled to receive paid leave regardless of their contract type or hours worked.

Modern slavery and human trafficking

Modern slavery and human trafficking are terms used to describe a range of offences that occur when someone is exploited for their labour, whether through force or coercion. This can include work in agriculture, construction, domestic service and other industries.

Modern slavery refers to situations where individuals are forced into working against their will. This may involve physical violence or threats; mental abuse such as intimidation or false promises; confiscation of identity documents; withholding food or sleep as punishment for not obeying orders; restriction on movement outside the workplace – such as being locked inside an employer’s property at night-time without access to a telephone number which could be called in case of emergency (this includes being kept inside someone else’s home).

Human trafficking involves moving people across borders so they can be exploited economically by another person(s) who holds them under duress – usually through force or deception but sometimes simply by taking advantage of vulnerable people who are unaware of their rights under UK law (e.g., those fleeing war zones).

In 2023, the UK will likely see a number of changes to its modern slavery and human trafficking laws. These changes include the introduction of a new Modern Slavery Bill, which will consolidate and strengthen existing legislation. The bill is expected to bring about tougher punishments for perpetrators, as well as additional safeguards for victims.

The government has also announced plans to reform the National Referral Mechanism (NRM), introducing an independent body to review applications from potential victims and ensure they receive appropriate protection and support. This change should lead to improved recognition of modern slavery cases by law enforcement and more efficient identification of victims.

2023 will also see important changes to passport rules in an effort to combat human trafficking. Under the new rules, children under 12 must be registered at their place of residence when travelling abroad with adults who are not their parents or legal guardians. In addition, adults travelling with minors must provide proof that they have parental responsibility for the child when entering or leaving the UK.

While it remains uncertain what other changes may come into play in 2023, it’s clear that major steps are being taken towards greater protections against modern slavery and human trafficking in the UK.

Age discrimination

Age discrimination is illegal in the uk. It is against the law for employers to discriminate against someone because of their age. Age discrimination can happen when an employer treats an employee unfairly because of their actual or perceived age, or when they treat people from different age groups differently.

For example, it would be unlawful if a company refused to give a young person an apprenticeship because they were too old (over 25), but offered one instead to someone who was under 25 years old and had been unemployed longer than six months.

There are some exceptions: some jobs require military service with the armed forces; certain police positions; legal professions such as judgeships; religious organisations where priests/ministers etc must retire at 70 years old – but not all religious organisations operate this way!

The UK Age Discrimination laws are set to see some changes in 2023. The Equality Act 2010 is the main law which protects individuals from discrimination based on age. This act will be updated to include new provisions that protect individuals from further forms of age discrimination.

These changes will ensure that individuals of all ages are protected from unfair treatment and discrimination in the workplace, as well as in other areas such as education and healthcare. The new provisions will also make it easier for people to challenge any form of age discrimination they experience.

It is important that everyone is aware of their rights under the Equality Act 2010, and any changes that may be made in 2023. Knowing these rights can help to ensure that no one is discriminated against due to their age, and can help create a fairer society for all.

Off-payroll working rules

The UK Off-payroll working rules, also known as IR35, are a set of regulations that apply to workers (sometimes known as contractors) who provide their services through their own limited company or another intermediary. The off-payroll working rules were first introduced in 2000 as part of the Finance Act and are designed to ensure that workers who are employed through a limited company or other intermediary pay the same amount of tax as those employed directly by an employer. The rules were changed in 2017 for the public sector, making the end user responsible for determining the worker’s employment status for tax purposes.

Under the rules, public sector bodies and private businesses are required to determine whether the off-payroll working rules apply. If they do, then the worker’s income is subject to PAYE tax and National Insurance Contributions (NICs). This means that the worker’s employer is responsible for deducting these taxes from their pay.

In 2021, reforms to these rules were planned to take effect across all sectors, however due to concerns over how they would affect businesses and individuals, the UK government has announced that the off-payroll working rules will be reversed from April 2023. This means that workers providing their services via an intermediary will regain the right to decide their own employment status for tax purposes.

Conclusion

With all of the changes that have been made to employment law in recent years, it can be hard to keep up with all of them. However, as we’ve seen here, there are some changes and trends that are worth keeping an eye on this year and over the next few years.

Need assistance with employment law?

Employment law is one of Foy’s specialties and it can be a complicated field to navigate. Understanding the process for reviewing an employee’s statutory request for flexible working and responding in an adequate manner can be tricky.

Reach out to Foys Solicitors through one of our local offices and seek our advice and assistance.