EZHR Weekly Update - 16th December 2022
In this week’s update, we run through a subtle but important change for those employing zero-hour workers and update you on the likely flexible working changes for 2023.
The government have announced changes to zero-hours workers, and it appears that it has been missed by most.
Under the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, which came into force on 5th December 2022. The opportunity for zero-hour workers to be prevented from working for other businesses has been removed, including if there is a conflict of interest.
This only applies to zero-hour workers whose average net guaranteed weekly income is below or equivalent to the Lower Earnings Limit, which is currently £123 per week.
Employers can still ask where they are working, you simply don’t have any right to veto secondary employment.
In terms of the next steps, employers will need to update contracts to ensure they reflect the new changes. Also, it will be a sensible idea to review clauses around protecting sensitive information to ensure that the proper provisions are in place.
Additionally, ensure you’re fully tracking the hours, as zero-hour workers who may exceed the 48-hour limit will require an opt-out.
In other news, the anticipated changes to Flexible Working appear ready to be brought into law in 2022, subject to a final consultation. The changes proposed are as follows:
remove the 26-week qualifying period, make it a day-one right;
require employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request;
two requests in any 12-month period;
require employers to respond to requests within two months rather than 3
remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer.
But we will let you know when this does and what it means for you.
If you need any help on these subjects or just want a chat about your HR headache please don’t hesitate to drop us a line. We’re more than happy to chat this through.