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Employment Law – What to Expect in 2023

Makbool Javaid, Partner - Simons Muirhead Burton

The end of EU law
The Retained EU Law (Revocation and Reform) Bill will mean that EU law which has not been incorporated into UK law will expire on 31 December 2023. That expiry date can be extended up to June 2026. The impact of this could potentially be very significant and at this stage it is not known which EU derived laws the Government intends to retain, but it could potentially result in significant changes to working time rules, paid holidays, TUPE as well as the laws that protects fixed term, part time and agency workers.

Trade union strike reform
Following significant strikes during the course of 2022 which look set to continue and potentially worsen in 2023, the Transport Strikes (Minimum Service Levels) Bill proposes to introduce a requirement for minimum transport service levels affected by strike action.

The Government have also announced an intention to extend this measure to other public services such as fire and ambulance services, and the possibility that this will be extended to other public sectors such as health and education. The Government are also considering introducing further measures to deter industrial action from taking place.

Greater flexible working rights
The Employment Relations (Flexible Working) Bill proposes to amend the existing rules so that 2 flexible working requests can be made in a 12-month period, rather than 1 as is currently the case.

Enhanced family related rights
The Protection from Redundancy (Pregnancy and Family Leave) Bill proposes to extend protection from redundancy from the point that a woman announces their pregnancy through to 6 months after they return from maternity, adoption and/or shared parental leave, rather than just while they are on such leave.

Another extra bank holiday
Last year it was announced that there would be an additional Bank Holiday on 8 May 2023 in honour of the coronation of King Charles. Employers will need to consider the terms of their employment contracts to determine whether or not staff will be entitled to this additional day off.

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