THE EZHR GUIDE TO HR & EMPLOYMENT LAW CHanGES IN 2023
As 2022 comes to a close its safe to say that we’ve hit the calm before the storm as 2023 promises to be a year of big changes.
The current government have shown their intentions for 2023 and its to-do list is vast.
The most pressing issue is the availability of resources and the knock-on consequences of this. Factor in the restricted immigration, inflation and cost of living crisis. I don’t think it’ll be surprising to see some people who had intended to retire choose to stay on in employment. Also, you may see people who have previously stayed at home for caregiving roles look for opportunities back in the workplace.
This may mean that employers are likely to see more requests for flexible working or part-time roles, this won’t work for everyone but it's worthwhile for employers to consider what is possible and whether there are opportunities for people who want to work in the non-traditional formats.
On flexible working, there will be some significant changes to support families and those with caregiving obligations. We’ve seen that the flexible working statutory requirements are likely to change with rights starting from day one, employees having two requests per year and extended obligations on employers to consider how and why they reject applications.
Zero-hour workers are set for more protections with the recent changes on exclusivity clauses for those earning under the Lower Earnings Limit. We’re likely to see the government push on with the Good Work Plan to offer more stable hours for zero-hour workers after 26 weeks of work. Plus Employers will now have an obligation to pass on all tips to staff.
Those in low-paid and more transient work are likely to see their protections extended through 2023 into 2024.
The European legislation needs to be assessed this year and there are some clear areas of focus. We expect the Working Time Regulations to have some significant changes made. The full details of this aren’t clear, but it seems likely that the current 48-hour limit may be taken away.
Additionally, the current GDPR requirements are likely to be amended to a more ‘common sense’ approach. What that common sense looks and feels like is yet to be detailed but it is likely that the government's ambition is to apply some more pragmatic approaches to data security.
While I don’t believe that we will see a ‘Bonfire of Employment Rights’ as some predicted, there is change and change that employers need to keep on top of.
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