Employment law – What’s in store in 2023
16 Jan 2023
You’d be forgiven for thinking that things couldn’t get much worse from a political point of view in 2023.
After all, 2022 was such a year of turmoil things must surely settle down a bit going into the new year, mustn’t they?
Well, yes and no.
Whilst it seems as if things have calmed down a little in Westminster – we’ve not had a new PM for a couple of months at least – there is a raft of changes on the horizon for employment law in the coming year which will have a profound effect on business life.
The most significant is the ending of all legislation which still carries over from our membership of the EU.
At the moment, the Retained EU Law (Revocation and Reform) Bill proposes to bring to an end all the EU legislation the UK has retained since Brexit by December 31, 2023.
This could have a fundamental impact on things such as UK working time regulations, the right to holiday pay, aspects of discrimination law and TUPE transfers.
The bill – introduced by Jacob Rees-Mogg during his time in Cabinet – still has to make its way through Parliament but has raised concerns that sweeping changes to employment law will cause major headaches for employers and employees alike.
It is sure to bring much criticism from unions and trade associations, adding still further to the grim industrial relations picture the country is currently experiencing.
The next 12 months is also likely to bring a long period of recession – and the employment uncertainty that will bring.
Just this winter we have seen a wave of industrial action sparked by soaring inflation, and the picture is unlikely to improve if the country faces a programme of redundancies. A new code of practice governing how companies can fire and rehire staff is promised, but in its absence there is a lack of clarity over the issue.
Talking of those industrial disputes, the Government has promised a new law to guarantee minimum service levels to help passengers travel during strikes and there are also calls to outlaw strike action in certain professions in the wake of the strike by nurses.
Any moves in this direction will further stoke up tensions with the unions and could leave employers caught in the middle of an ideological battle between the Government and workers.
More positively, the next 12 months should see the introduction of long-promised legislation to ensure staff in hospitality receive the tips they are left by customers without deductions – a long-running bone of contention.
And we are also promised amendments to the Equality Act 2010, which should bring with them a duty on the part of employers to take “all reasonable steps” to prevent sexual harassment. The wording will be crucial when these amendments are made to ensure absolute clarity on the part of employers about the scope of their responsibilities.
These changes could just be the tip of the iceberg and we’ll keep you up to date with all employment law news throughout the year.
And if you have any concerns, or need help and support, just click the button here to receive a free consultation with us.
