Workers (Predictable Terms and Conditions) Act 2023
This Act received Royal Assent under the Conservative Government in 2023 and was expected to come into force during September 2024. It would have amended the Employment Rights Act 1996 to provide a new right for worker and agency workers to request a predicable working pattern in certain circumstances. The request procedure would have followed a similar pattern to the pre-April 2024 right to request flexible working, including requiring qualifying service of 26 weeks.
The Labour Government has recently announced that they do not intend to bring the Act into force. Instead, the Government will introduce a "new right to a contract that reflects the number of hours regularly worked". This intention was originally announced in Labour's Plan to Make Work Pay document prior to the general election. It states that the number of hours regularly worked will be based on a twelve-week reference period. Labour's Plan to Make Work Pay goes on to say that the Government will also "ensure all workers get reasonable notice of any change in shifts or working time, with compensation that is proportionate to the notice given for any shifts cancelled or curtailed." The timescale for this is not yet known.
Worker Protection (Amendment of Equality Act 2010) Act 2023
As expected, the Labour Government has confirmed that the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024. The Act brings into force a duty on employers to take "reasonable steps" to prevent sexual harassment in the workplace and will enable employment tribunals to increase compensation by up to 25% if an employer is found to have breached their duty.
What other legislation should employers be aware of?
For those in relevant sectors, 1 October saw the Employment (Allocation of Tips) Act 2023 and the related Code of practice on fair and transparent distribution of tips come into force. This new legislation makes it unlawful for employers to withhold tips, imposing new obligations on them to ensure tips are allocated fairly.
Later in October we will see the Employment Rights Bill being laid before Parliament. While it will take some time for the Bill to receive Royal Assent (i.e. become law) and a further period for it to come into force, the Bill is expected to introduce some very significant changes to employment law.
