HR Expert: Preparing for 2023 and what's to come for employers

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I want to provide my clients with a rundown of what they can expect to see in employment law and HR in 2023, and what they need to look out for. What planned and proposed changes are there for the coming year?

2023 looks set to be an interesting year for the development of individual employment law rights, with a number of Bills currently on their way to becoming law.

What we know is coming in 2023

Statutory rate changes

What we know for certain that is coming into effect in 2023 are new rates for the National Living Wage and National Minimum Wage (NLW / NMW), applicable from the pay period following 1 April 2023. These are as follows:

• NLW (23+) – £10.42
• 21 – 22 years old – £10.18
• 18 – 20 years old – £7.49
• 16 – 17 years old – £5.28
• Apprentice rate – £5.28

It has been confirmed that from 2 April 2023, the rate for family friendly payments, including statutory pay for maternity, paternity, adoption, shared parental and parental bereavement leave, will increase to £172.48. The rate for Statutory Sick Pay will also increase to £109.40.

King’s Coronation

The coronation, to be held on 6 May 2023 and marked with an additional bank holiday on 8 May 2023, will be for many a once in a lifetime experience. Employers should therefore start to plan how they will deal with time off requests, and employees wanting to watch coverage of the event whilst working. They will also need to make arrangements where they are expecting to be busy in the lead up to, and during, the event.

Potential new legal rights

New legal rights we could see introduced this year include Carer’s Leave, Neonatal Leave and Pay and greater protection from redundancy for pregnant employees and new parents.

Another new right that could come into law is one that will allow workers to keep 100% of tips and gratuities paid to them, whether by card or cash, or as a service charge. Employers will be under a duty to keep accurate records of tips distribution; employees will have a new right to bring a claim if not.

Amendments to existing rights

The government have committed to make changes to the right to request flexible working, including making it a day one right, requiring employers to consult with the employee before rejecting a request and allowing two flexible working requests in any 12-month period.
The biggest change could be to all EU derived employment law, which is set to be automatically repealed on 31 December 2023 unless legislation is introduced to keep it. This could include changes to TUPE, working time legislation, agency worker laws and much more.
2023 is likely to be a busy year. Having a plan for how to deal with what may come, and developing appropriate policies, practices and training to roll them out, will help keep employers ahead of these developments.



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