The UK Government has published draft legislation to implement important changes to holiday entitlement and pay under the Working Time Regulations. The draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 follow the Government’s response to two consultations covering a raft of holiday pay issues generated by EU law and domestic case law. The […]
Government to Limit Non-Compete Clauses to Three Months
The UK Government has announced plans to limit the length of non-compete clauses in employment contracts to three months. This means that employees will be able to join competitors or start up rival businesses more easily. The change is expected to benefit the wider economy by increasing the talent pool available to businesses. What are […]
Minimum service levels required during strike action
Against a backdrop of increased industrial action in public services, the UK Government proposed a new Bill providing for regulations to set minimum service levels (MSL’s) during strike action in a number of public service sectors. The Strikes Bill received Royal Assent on 20 July 2023 and the Government is now changing the conditions that […]
Statutory Code of Practice on changing employment terms
The draft Code of Practice on changing employment terms for employees was published on 24 January 2023 with a twelve-week consultation period that ended on 18 April 2023. There was very little in the draft Code that diverged from the way institutions have been dealing with the issue of termination and re-engagement, where it becomes […]
Flexible working laws to change for UK employees
The UK Government has published its response to last year’s consultation on updating flexible working laws. Here is a summary of its response: The right to request flexible working will become a “day one” right. Until now, it has only been available to employees who have been in employment for twenty-six weeks. The Government emphasises […]
New holiday pay ruling for part-time workers
The Supreme Court has upheld the Court of Appeal’s judgment in Harpur Trust v Brazel. The ruling states that holiday pay for permanent staff who only work part of the year, such as term-time workers, should get a full 5.6 weeks’ annual leave per year. Pay should be calculated over a 52-week average, rather than […]
Temporary workers can now fill in for striking workers
The Government has repealed restrictions that prevent temporary agency workers from filling in for employees who take part in industrial action. There has also been an increase in the maximum damages that courts can award against a trade union when strike action has been found to be unlawful. Hiring agency workers to replace those on […]
Workers are not protected against detriments imposed by employers in response to industrial action
Reversing a significant decision by the Employment Appeals Tribunal (EAT), the Court of Appeal in Mercer v Alternative Future Group has confirmed that workers are not protected against detriments imposed by employers in response to industrial action. An example of this might be taking disciplinary action against employees for leaving a shift to take part […]
Increases in pay rates and compensation limits for 2022
April 2022 saw an increase in several rates and limits that would be relevant to employers, including compensation for unfair dismissal, redundancy pay, statutory sick pay and the national minimum wage. Details of the most notable changes are below:- Family Friendly Rights From 3 April 2022, the weekly rate of the maternity allowance as well […]
Fire and rehire practices under further Government scrutiny
The practice commonly known as “fire and rehire”, involving the dismissal and re-engagement of employees on new terms has come under further adverse scrutiny. A Private Member’s Bill, seeking to discourage such practices, attracted attention in the media and ACAS published guidance for employers, at the request of the Government. What is the new UK […]
Dealing with sexual harassment in the workplace
The UK Government has issued a response to the consultation on sexual harassment in the workplace, stating that as soon as Parliamentary time allows, it intends to introduce: a specific duty requiring employers to prevent sexual harassment, in order to encourage employers to take positive proactive steps to make the workplace safer for everyone; explicit […]
What UK employers need to know about the vaccination programme
Employers are facing a surprising number of difficult and untested employment law issues as the UK rolls out its Covid-19 vaccination programme. Many are asking if vaccination can be made compulsory for employees. There are also questions about alternatives to a mandatory requirement, time off for vaccine appointments, and how vaccine objectors should be dealt with […]
COVID-19 rapid workplace testing
Alongside the rollout of the vaccination programme and the continued focus on ‘Hands, Face, Space’, regular testing is a vital tool to stop the transmission of COVID-19 as sections of society are reopened. Around 1 in 3 people with coronavirus don’t have symptoms, which means they could be spreading the virus in workplaces without knowing […]