Latest developments in employment law October 2023

There have been various developments in employment legislation recently with some provoking a degree of controversy. Aisling McAuley, legal assistant in our employment team talks through some updates in this article.

Strikes (Minimum Service Levels) Act 2023

On 19 September 2023, the government launched a consultation on introducing minimum service level regulations to hospitals and our healthcare system. Should the regulations be implemented, it would enable hospital employers to issue work notices to certain doctors and nurses which requires them to work during strikes.

Within this, the government has also enquired about the amount of time that has been spent and the costs incurred preparing for the strike action. The British Medical Association has responded saying that any strike action by doctors already preserves minimum staffing levels to ensure patient safety.

Despite the sheer lack of public support for these changes, we anticipate the government will wish to press on as it is very politically-driven to bring them in.

Low Pay Commission’s report into National Minimum Wage compliance:

On 13 September 2023 the Low Pay Commission published its report. It found that:

  • 1 in 5 National Minimum Wage workers were underpaid.
  • Workers in 2012 to 2019 were still being underpaid the following year.

Despite the above statistics, few workers brought underpayment cases. HMRC receives 3,000 contacts each year but estimates there are hundreds of thousands of underpaid workers. The report repeats previous recommendations made to the government on the need to better identify the scale of this issue & improve the awareness of workers’ rights.

You can read more about the National Minimum Wage here: Minimum wage rates for 2023 – GOV.UK (www.gov.uk).

 CIPD’S Manifesto for Good Work:

On 20 September 2023, the Chartered Institute of Personnel and Development (CIPD) published its Manifesto for Good Work. The manifesto calls the next UK government to develop a long-term workforce strategy. There are various recommendations in the manifesto, some are detailed below:

  • For large employers, with 250 or more employees, the CIPD is suggesting that narratives and action plans should be made mandatory for gender pay gap reporting, and mandatory ethnicity pay reporting should be introduced.
  • It recommends that statutory paternity leave should be increased to six weeks (currently only two weeks) and that it should be paid at, or near, full rate of pay.
  • It has also suggested that a legal right of two weeks’ bereavement leave and pay should be created for all employees experiencing the bereavement of a close family member or dependent.

Despite the fact that these recommendations are not bound by law, it is important to be aware of some of the recommendations that are being drawn to the government’s attention.

Workers (Predictable Terms and Conditions) Act 2023:

The Workers (Predictable Terms and Conditions) Bill received Royal Assent on 18 September 2023. The act allows agency workers and workers the right to request a predictable work pattern and it is expected to come into force in approximately one year.

UK Immigration Fees:

The government has announced its intention to partly fund public sector pay increases by raising immigration fees and charges which take effect at 9am on Wednesday 4 October 2023. Some notable changes include:

  • Visit visa fees will increase by up to 15%.
  • Fees to register or apply for British citizenship will increase by 20%.
  • Certificate of Sponsorship assignment fee for Skilled Worker and Global Business Mobility applications will rise by 20%.

Employment legislation is developing rapidly and it is important to be aware of these changes to ensure that you are being treated fairly.