Four New Acts you need to know about in Employment Law
It is a fact that Employment Law changes rapidly and that new Acts are passed on a regular basis, in our article today we take a look at the four most recent that as an Employer you need to be aware of, including when we expect them to come into force.
In May there were four new Acts passed, these being; the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, the Carer’s Leave Act 2023, the Neonatal Care (Leave and Pay) Act 2023, and the Employment (Allocation of Tips) Act 2023.
Let’s take a look at each one in more detail.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 was passed on 25 May 2023 and will come into force on 25 July 2023.
As it currently stands, Employees on maternity leave, adoption leave, and shared parental leave have protection as they must be given priority over other Employees in being offered any suitable alternative employment available if the Employee’s existing role is being made redundant.
As of 25 July 2023, the Act will extend the time that protection applies to include the period from when the pregnancy has been notified to you the Employer, and for a further period following the Employee’s return from leave.
Full details can be found here – Redundancy (Pregnancy and Family Leave) Act 2023
The Carer’s Leave Act 2023
The Carer’s Leave Act 2023 was passed on 25 May 2023 it will encompass the day-one right for all Employees to take up to one week of unpaid carer’s leave in a 12-month period to provide or arrange for care for a dependant with a long-term care need.
Here is the breakdown:
- no qualifying service
- 1 week each year of unpaid leave
- leave may be taken as half or whole days
- a carer means a spouse, civil partner, child, parent, someone living in the same household or a person who reasonably relies on the person for care
- care can mean providing or arranging care
- the person being cared for must have long-term health needs (illness or injury which requires or is likely to require care for three months or more, or the person is disabled or requires care due to old age)
- the Employee can self-certify, this means there is no need to evidence how the carer’s leave is being used
- Employee has protection against detriment and dismissal for asserting their rights
As you can see the Act will ensure that Employees will have the same protection taking this leave that is associated with other forms of family-related leave, meaning they will be protected from dismissal or any detriment because of having taken time off. The Carer’s Leave Act 2023 will be enacted in 2024, by which time as an Employer you need to be prepared to deliver changes to the way you offer support to all unpaid carers in your business,
It should be noted as an Employer you should add to Carer’s Leave your family-friendly policies. Full details can be found here – Carer’s Leave Act 2023
The Neonatal Care (Leave and Pay) Act 2023
Passed on 25 May 2023, The Neonatal Care (Leave and Pay) Act 2023
Under the Protection from Redundancy (Pregnancy and Family Leave) Act, pregnant Employees, and new parents will see an extension of existing redundancy protections, this will cover pregnancy and a period of time after parents return to work. Currently, parents are only protected from redundancy while on maternity leave, adoption leave, or shared parental leave.
Here is the breakdown:
- qualifying period of 26 weeks service
- Up to 12 weeks neonatal leave and pay to be conferred.
- the time spent in neonatal care must be at least seven days uninterrupted
- neonatal leave to start the day after neonatal care begins
- medical or palliative care (to be defined) must start within 28 days of the child’s birth
- the leave is to be taken within 68 weeks of the birth of the child
- the payment is to be in line with statutory pay at SMP at a flat rate for a week
- Employee will have to comply with notification requirements
- as an Employer you will have record-keeping obligations
It should be noted as an Employer you should add neonatal care to your family-friendly policies. Full details can be found here – The Neonatal Care (Leave and Pay) Act 2023
Employment (Allocation of Tips) Act 2023
This was also passed in May 2023, pivotal to the Act is a requirement for Employers to allocate ‘qualifying tips, gratuities and service charges’ fairly between Employees and to then pay these to Employees. The Act amends the Employment Rights Act 1996 and gives Employees the following new rights:
- the right to receive a fair allocation of tips, gratuities, or services charges, your failure as an Employer to comply can result in a compensation payment of up to £5,000 being made in respect of each Employee. The time limit for bringing a claim (starting from the date of non-payment or incorrect allocation) is 12 months
- the right not to be subjected to dismissal or detriment for asserting statutory rights in relation to tips (no qualifying period of service is required to bring a claim for automatically unfair dismissal)
- an Employees right to ask you as the Employer for records (covering a three-year period)
- an Employee right to request you as the Employer for the written policy. (a tribunal may make a declaration of non-compliance and order you as the employer to comply with such a request)
It should be noted as an Employer you should implement a policy and of course record-keeping requirements in relation to this Act.
How can we help you?
We suggest you seek HR support, should you not have in-house HR, or you have HR, you can chat through your options we would advise you to contact us; we can then advise you in more detail on how to manage the situation.
We are available 365/24/7 on 0333 0069489 or [email protected] We can assist with this, how to manage the new Acts, and policy writing in your workplace, and are looking forward to speaking with you very soon.
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