Employment law changes to come in 2023

Here are a few areas to look out for this coming year.

1. INCREASE TO NATIONAL LIVING WAGE AND NATIONAL MINIMUM WAGE
The government has announced that from 1 April 2023, the rates of the National Living Wage (NLW) and National Minimum Wage will increase. NLW (for workers aged 23 and over) will increase from £9.50 to £10.42.

The biggest increase is for those aged between 21 – 22, which has seen a 10.9 per cent increase to £10.18.

This increase is intended to narrow the gap with the NLW and put this age group on course to receive the full NLW by 2024.

The rate for 18-20 year olds will go up to £7.49 and under 18’s will be £5.28.

2. UPDATE TO FLEXIBLE WORKING LEGISLATION
The government has published its response to the consultation on flexible working rights, and has confirmed their intention to make the right to request flexible working apply from day one of employment (as opposed to 26 weeks) as well as the following changes:

Employers will be required to discuss a statutory flexible working request with employees if they are considering rejecting it, which is consistent with the Acas Code of Practice.
Employees will be able to make two flexible working requests within a 12-month period (currently one).
The response time from the employer, to respond to a flexible working request will lower to two months (currently three months).
Employees will no longer be required to set out the effects that the flexible working request will have on the employer when making the request.
There is no set timescale for when the changes will take effect so keep an eye out for more updates from the government.

3. EXTENDING REDUNDANCY PROTECTION
The government will be extending redundancy protection to six months after the end of a period of maternity or adoption leave (and also looking at shared parental leave).

An employee at risk of redundancy whilst on maternity, adoption, or shared parental leave has the right to be offered any suitable alternative vacancy that is available.

The government is proposing to extend this protection to:

pregnant employees, once they have told their employer of their pregnancy;
employees returning from maternity leave for up to six months after
their return; and
parents returning from adoption leave and shared parental leave (although how the limits on this right will operate is still to be finalised).
The government has announced that the legislation will be brought forward ‘’as soon as parliamentary time allows’’, but they are yet to commit to a timeframe for bringing in the changes, so we will wait and see.

If you have any questions about the contents of this update, please feel free to contact the Employment Team at CG Professional or email me at [email protected]