Previous months in the Legal Timeline

FEBRUARY 2022

Publications

• Legal Hot Topics publication. Released on 14 February 2022.

Legislation and Government proposals

• Covid-19 restrictions in England, including the legal requirement to self-isolate change and the new rules include: 

From 21 February:

• staff and students in most education and childcare settings without symptoms no longer have to test twice weekly.

From 24 February:

• people with Covid-19 will no longer be legally required to self-isolate.
• people in contact with someone with Covid-19 will no longer be advised to self-isolate or take daily test.
• guidance will remain in place for those who test positive to stay at home and avoid contact with others for at least five full days.

Case law

• HMRC v Atholl House Productions - Whether the test for deemed employment status for tax purposes is appropriate, due to its potential to cause confusion. There is hope that a decision in the Court of Appeal will provide updated guidance and further clarity. The issue is dealing with and understanding the IR35 rules where they were introduced to the private sector in April 2021. Hearing on 9 February 2022.
• Smith v Pimlico Plumbers Ltd - The case of Smith v Pimlico Plumbers Ltd considered whether a worker can carry over annual leave entitlement that has been taken, but not paid, because he was misclassified as self-employed. The Court of Appeal ruled that he is entitled to payment for all unpaid holiday that he took during the whole of his working time (five years) on the termination of his employment.

MARCH 2022

Publications

• Legal Bitesize video released on 14 March 2022.

Legislation and Government proposals

Employment Bill:

The proposed Employment Bill is looking to provide a variety of changes that will “build on existing employment law with measures that protect those in low-paid work and the gig economy”. There is no specific guarantee as to what changes will be made, and when they will happen, but they may include the following:
 

• establishing a new single enforcement body for employment rights.
• extending redundancy protection to six months after returning to work from maternity leave, with similar protection provided to those returning to work from adoption leave and shared parental leave.
• new rights for workers to request a more stable contract when they have provided more than 26 weeks service.
• new legislation on post-termination non-compete clauses, over which the Government consulted on and concluded the consultation earlier this year.
• compensation for workers whose shifts are cancelled at short notice, and an entitlement for workers to receive reasonable notice of allocated shifts.
• new legislation to enhance the rights for flexible working which is currently being consulted on.
• The Employment Agencies Standards Inspectorate regulating umbrella companies.

The second reading for this Bill is due to take place in the House of Commons on 18 March 2022 and we will update members when we know more. 

Other changes include:

• regulations requiring Covid-19 vaccination to work in Care Quality Commission (CQC) registered care homes were lifted from 15 March.
• regulations making Covid-19 vaccination a condition of deployment in health and social care will be revoked on Tuesday 15 March. Legal requirement for health and social care staff to be double jabbed from 1 April was removed.
• after 24 March workers can no longer claim SSP from day one (for every day they are not working because of coronavirus).
• The Statutory Sick Pay Rebate Scheme (‘SSPRS’) commenced from 14 January 2022 and closed on 17‌‌‌ ‌March‌‌‌ ‌2022, after that employer can no longer make a claim under the SSPRS for self isolation or coronavirus-related absences.  But employers have until 24‌‌‌ ‌March‌‌‌ ‌2022 to submit any new claims for absence periods up to 17‌‌‌ ‌March‌‌‌ ‌2022, or to amend claims they have previously submitted.

Events

• Legal Conference Spring 2022.

APRIL 2022

Publications

• Legal Bulletin publication expected on 18 April 2022.

Legislation and Government proposals

• Right to Work checks update

The Home Office announced that employers can use certified Identity Service Providers (IDSPs) to conduct digital identity checks from 6 April. This is a new service, and the cost of these services would be met by employers. The costs of the technology vary from as little as £1.45 per check, to between £50 - £70 per check, depending upon the levels of service supplied by the provider. However, the issue is that for EU nationals, the Employer’s Checking Service (ECS) is free and the ECS is not available to British and Irish nationals. REC’s Campaigns team will be vocal about the concern over costs and continue to push HO for an in-house free system like the ECS.

The technology will allow candidates to upload images of their personal documents, to an Identification Document Validation Technology (IDVT) provider instead of presenting physical documents to a prospective employer, which reduces time and mitigates risk. In addition, the IDVT will remove human error in terms of identifying fraudulent documents or inaccuracies. For more details please see here. The Government has released a draft of the new Employer’s Guide to Right to Work Checks.

• Gender Pay Gap Reporting

The deadline for gender pay gap reporting by employers in private and voluntary sectors is 4 April 2022.

• Statutory Rates

2022 Statutory Rate increase from April 2022.

• National Insurance Contributions 

6 April 2022 to 5 April 2023 National Insurance contributions will increase by 1.25% for workers and employers. This increase will fund health and social care and will be replaced in April 2023 by a separate health and social care levy (at which time, National Insurance contributions will revert to current levels).

• Free PPE to Workers

From 6 April 2022, under the Personal Protective Equipment at Work Regulations 1992 in England, Scotland and Wales, all employers (which will include employment businesses) must ensure that suitable free personal protective equipment (PPE) is provided to workers who may be exposed to a risk to their health and safety while at work.

• Off-Payroll Rules in the Private Sector

It is the first year anniversary of the introduction of the off-payroll rules into the private sector. Since April 2021, medium and large sized business are responsible for deciding the employment status of workers contractors providing their services through an intermediary.

Case Law

• Harpur Trust v Brazel - Concerns calculation of holiday pay for part-time term-time workers. The Court has previously decided that it was wrong to apply a cap of 12.07% of annualised hours, the employer must use the average over the preceding 12 weeks under WTR 1998. The Supreme Court hearing took place on 9 November 2021. We are awaiting the final decision.

MAY 2022

Publications

• Hot Topics publication expected on 16 May 2022.

Case law

• Rodgers v Leeds Laser Cutting Ltd – This case concerned an individual (Rodgers) who was working at a warehouse for Leeds Laser Cutting (‘LLC’) during March 2020 around the beginning of the pandemic. Rodgers developed a cough shortly after the start of the first lockdown and went home, where two days after, he informed LLC that he would not be attending work until the lockdown had eased. A month later, Rodgers claimed that he had been sacked for self-isolating and requested his P45 from LLC, which was provided. Rodgers relied on section 100 of the Employment Rights Act 1996 (automatically unfair dismissal for a health and safety reason), so it would have had to have been established that the reason Rodgers refused to return to the work was due to the threat of COVID-19 on-site, rather than the simple fact that he had concerns regarding the virus in general. The claim was originally dismissed by the Employment Tribunal. Appeal dismissed by the Employment Appeal Tribunal on 6 May 2022.

JUNE 2022

Publications

• Recruitment Matters publication expected on 3 June 2022.

• Legal Bitesize Video expected on 13 June 2022.

Legislation and Government proposals

• Queen's Jubilee, extra bank holiday on 3 June 2022.

Events

Webinars hosted by Department of for Business, Energy and Industrial Action (BEIS)

• What to expect at an EAS Inspection - Thursday 16 June, 3:00-4:00PM

JULY 2022

Publications

• Legal Bulletin publication expected on 11 July 2022.

Legislation and Government proposals

• Repeal of Regulation 7 of the Conduct of Employment Agencies and Employment Business Regulations 2003 - The repeal of Regulation 7 means that employment businesses can supply temporary workers to temporarily replace workers engaged on official strike or other industrial action. Please see our July 2022 Legal Bulletin for further insight into this.

• New legislation proposed by DWP, allowing multiple healthcare professionals to certify ‘fit notes’ from 1 July 2022. Further information can be found in the SSP Legal guide, under the FAQ "Changes to who can certify fit notes." 

• The National Insurance Contributions (Increase of Thresholds) Bill was introduced following the Spring Statement 2022, which stated that the primary threshold for Classes 1,2 and 4 National Insurance contributions are to be aligned with the income tax personal allowance. Clauses 1(3)(b) and 1(4) of the Bill provide that the annual figure of £9,880 is to be replaced with £12,570. The purpose of this bill is to give UK taxpayers a slight increase in their earnings after tax, after the fact that National Insurance contributions were increased from April 2022.  The Bill will take effect from 6 July 2022.
• The Health and Social Care Act 2022 was introduced and built on earlier recommendations by NHS England to make it easier for health and care organisations by delivering joined-up care for those that require many different services at once. There is curently guidance for adult social care providers to comply with information provisions under section 99 and section 100 of the Act, and further guidance shall be published on the Act in 2023.

Case law

• Harpur Trust v Brazel – The decision  from this case establishes exactly how annual leave entitlement should be calculated for workers engaged on a permanent contract of employment, but who work irregular hours or for only part of the year. It was concluded that part-time workers would be entitled to full-time holiday pay. The Supreme Court hearing took place on 20 July 2022.

Frameworks 

• Crown Commercial Service Framework for Supply Teachers and Temporary Staff in Educational Establishments will be awarded to suppliers. 

Events

Webinars hosted by Department of for Business, Energy and Industrial Action (BEIS)

• Providing a Key Information Document (KID) to Agency Workers - Thursday 21 July, 3:00-4:00PM
• Regulation 10 - Charging Transfer Fees to hirers - Wednesday 27 July, 3:00-4:00PM

AUGUST 2022

Publications

• Hot Topics publication expected on 15 August 2022.

Legislation and Government proposals

• EU work-life balance directive to be implemented in UK (subject to terms of Brexit deal). Expected implementation on 1 August 2022. 
• EU directive on transparent and predictable working conditions to be implemented in UK (subject to terms of Brexit deal). Expected implementation on 1 August 2022. 
• The EFSA have updated the apprenticeship agreement template on 16 August 2022, to support the 2022/2023 funding rules. The template can be found here.

Events

Webinar hosted by Brabners

• Holiday Pay and Harpur Trust (REC members' webinar) - Wednesday 17 August, 10:00-11:00AM

SEPTEMBER 2022

Legislation and Government proposals

• The statutory guidance for 'Keeping children safe in education' comes into force from 1 September 2022.
• Queen's Funeral, extra bank holiday on 19 September 2022. See our guidance on the bank holiday entitlement and the Government announcement.
• The Retained EU Law (Revocation and Reform) Bill was introduced to Parliament on 22nd September 2022. See the Government announcement for further information.
• The adjusted Right to Work checks will end on 30 September 2022.

Publications

• Legal Bitesize video expected on 19 September 2022.

OCTOBER 2022

Legislation and Government proposals

• The Transport Strikes (Minimum Service Levels) Bill was announced by Government on 20 October 2022. The bill ensures that even during strikes, transport services will still run to make sure that there is minimal disruption for people trying to attend work, school and medical appointments. The main purpose of this legislation will provide that relevant employers and unions have the opportunity to agree a minimum service level to continue running during all strikes over a 3-month period.  

• The Professional Qualifications Act 2022 (Commencement No 1) Regulations 2022, SI 2022/936, brings into force sections 9 and 10 of the Professional Qualifications Act 2022 which set out duties on regulators to provide information to a regulator in another part of the UK and to an overseas regulator. Under the PQA 2022, UK regulators of professions such as medicine, nursing, teaching and architecture can recognise the qualifications of skilled professional from around the world. In force from 28 October 2022.

• The Office for National Statistics (ONS) has published the annual statistics for the differences in pay between men and woman in the UK for 2022. The data establishes that the Gender Pay Gap has increased by 0.6%, where it was at 7.7% in April 2021 and 8.3% in April 2022.

Publications

• Recruitment Matters expected on 7 October 2022.
• Legal Bulletin expected on 17 October 2022.

Events

• Legal and Compliance Matters Conference Autumn 2022.

NOVEMBER 2022

Legislation and Government proposals

• The Retained EU Law (Revocation and Reform) Bill was introduced to revoke certain retained EU law and to make provision relating to the interpretation of retained EU law and to its relationship with other law. The Bill is currently going thorugh the House of Commons committe stage since 8 November. Government has produced an Impact Assessment relating to this Bill. 

• The Worker Protection (Amendment of Equality Act 2010) Bill has been given support by the Government and puts the duty on employers to prevent sexual harassment and reinstate employer liability for third-party harassment. The legal test to satisfy the criteria for third-party harassment will be less complex than the previous law dictated. The Bill had gone through the House of Commons commitee stage on Friday 23 November.

Publications

• Hot Topics publication expected on 14 November 2022.

DECEMBER 2022

Case law

• Chief Constable of the Police Service of Northern Ireland v Agnew - A Northern Irish case considering whether a gap of more than three months in a series of unlawful deductions from holiday pay breaks the series, meaning that the limitation provisions kick in to restrict claims for back payments of holiday pay. Supreme Court case re-listed for 14–15 December 2022.
• Rodgers v Leeds Laser Cutting Ltd – This case concerned an individual (Rodgers) who was working at a warehouse for Leeds Laser Cutting (‘LLC’) during March 2020 around the beginning of the pandemic. Rodgers developed a cough shortly after the start of the first lockdown and went home, where two days after, he informed LLC that he would not be attending work until the lockdown had eased. A month later, Rodgers claimed that he had been sacked for self-isolating and requested his P45 from LLC, which was provided. Rodgers relied on section 100 of the Employment Rights Act 1996 (automatically unfair dismissal for a health and safety reason), so it would have had to have been established that the reason Rodgers refused to return to the work was due to the threat of COVID-19 on-site, rather than the simple fact that he had concerns regarding the virus in general. The claim was originally dismissed by the Employment Tribunal. and the Employment Appeal Tribunal on 6 May 2022. Court of Appeal hearing was on 3 November 2022. Reserved judgment handed down by the Court of Appeal on 20 December 2022 (Appeal dismissed).

Publications

• Legal Bitesize video expected on 12 December 2022.

JANUARY 2023

Legislation and Government proposals

• Government launches Holiday Pay consultation - Following the Harpur Trust v Brazel  judgment last year, the government has launched a consultation to address the issues on holiday pay calculation that arose from this case. The REC will be submitting a response on behalf of the industry, but you can submit your own response to the consultation as well. The consultation will end after 9 March 2023.

Case law

• S&L Barnes Ltd v HMRC - The case considered whether there was a 'hypothetical contract' for Stuart Barnes, who was working under a PSC, and if the IR35 Intermediaries legislation applied to his working arrangement. The First-tier Tax Tribunal held that Barnes working arrangement did not satisfy the requirements to establish a hypothetical contract of employment with Sky, due to the nature of Barnes' work. Judgement held on 12 January 2023.

Publications

• Legal Bulletin publication expected on 16 January 2023.

FEBRUARY 2023

Legislation and Government proposals

• The Education (School Teachers’ Qualifications and Induction Arrangements) (Amendment) (England) Regulations 2022 - Provides for teachers who hold the qualification known as ‘international qualified teacher status’ (or iQTS) to be qualified teachers in England. From 1 February 2023, 9 more countries will be added to the list of teachers with a teaching qualification of whom can apply to the TRA for QTS.

• Workers (Predictable Terms and Conditions) Bill - This Private Member's Bill aims to give workers (including agency workers and zero-hours workers) the right to request more predictable terms and conditions of their working pattern. The Bill has gone though it's 2nd reading in the House of Commons on 3 February 2023.

Case law

• Accattatis v Fortuna Group (London) Ltd - The case considers whether it is automatically unfair to dismiss for concerns about commuting and attending the office during lockdown. The Employment Tribunal held that COVID-19 concerns alone may not justify a refusal to attend work under The Employment Rights Act 1996 if employers have reasonably tried to accommodate concerns by employees and reduce the risk of transmission. Permission to appeal refused on papers. Rule 3(10) (error of procedure) hearing on 9 February 2023.

Publications

• Legal Bitesize video expected on 3 February 2023.
• Hot Topics publication expected on 13 February 2023.

MARCH 2023

Legislation and Government proposals

• Ratification for the International Labour Organisation’s (ILO) Violence and Harassment Convention - The UK ratified the ILO’s Violence and Harassment Convention, and so it shall come into force from 7 March 2023. The Department for Work and Pensions (DWP) has also confirmed that they plan to introduce an obligation on employers to play an active role preventing harassment in the workplace, whether it be harassment by employees, or even by third parties such as clients and customers. This is of significant importance for employers, as the protection from harassment by third parties was repealed in the Equality Act 2010 on October 2013.

• The Pensions (Extension of Automatic Enrolment) Bill - The Bill proposes that the definition of ‘eligible jobholders’ for auto-enrolment for occupational pensions schemes extends to cover those aged 18-22 years old, and the lower limit for qualifying earnings will be completely removed in relation to this. The Bill is scheduled for a second reading in the House of Commons in March.

Case law

• UNISON v Secretary of State for Business, Energy and Industrial Strategy - This case considers whether the repeal of Regulation 7 of the Conduct Regulations 2003 was lawful. Hearing in March 2023.

Publications

• Legal Bitesize video expected on 13 March 2023.

APRIL 2023

Legislation and Government proposals

• The Department for Work & Pensions has published their proposed increase for statutory rates from April 2023. See our Legal Guide for an updated reflection of the new rates. 

• The National Minimum Wage and National Living Wage will increase from April 2023. See the information here. 

• Data Protection and Digital Information (No.2) Bill - The reintroduced Bill will update and provide amendments to the current UK Data Protection laws, in order to provide further clarifcation and supplementation to the legislation that governs this. The Bill has gone thorugh the First Reading in the House of Commons and will have the Second Reading on 17 April 2023. 

• Retained EU Law (Revocation and Reform) Bill - This Government Bill gives powers to revoke, replace, keep or update certain retained EU law, following the UK exit from the EU. The Bill has gone through the Committee Stage in the House of Lords and the sitting for the Reporting Stage will be on 19 April 2023.

Case law

• Independent Workers of Great Britain (IWGB) v Central Arbitration Committee - This case considers whether the Court of Appeal was correct in holding that for Article 11 ECHR (in relation to the right to form and join trade unions) to apply to a particular case, an employment relationship must exist. Accordingly, it rejected the IWGB claims that the definition of "worker" for the purposes of section 296(1) TULR(C)A 1992 could include Deliveroo riders where their contracts do not satisfy the requirement for personal service. UKSC hearing on 25 and 26 April 2023.

Publications

• Recruitment Matters publication expected on 3 April 2023.
• Legal Bulletin publication expected on 17 April 2023.

MAY 2023

Legislation and Government proposals

• King's Coronation, extra bank holiday on 8 May 2023. See our guidance on the bank holiday entitlement and the Government announcement.

Publications

• Hot Topics publication expected on 15 May 2023.
   

Neonatal Care (Leave and Pay) Act 2023:

The Neonatal Care (Leave and Pay) Act 2023 came into force partly on 24 May 2023. The Act gives powers to make regulations to create entitlements to Neonatal Care Leave and Pay for eligible employees with responsibility for children receiving neonatal care. The Act will come into force fully at a later date.

 The non-compete consultation:

This month the government published its response to the consultation on the reform of non-compete clauses. In the response the government announced they do not intend to pursue any of the previously proposed measures and instead that they will introduce a statutory limit of 3 months on the duration of non-compete restrictions in contracts of employment.

Working Time Regulations and TUPE

Working Time Regulations

After Government’s announcements on revoking the Sunset clause in the EU Reform Bill and changes to employment law post-Brexit, they published a consultation on areas of retained EU law that they intend to reform. The areas included in the consultation are:

• Permitting rolled-up holiday pay which is currently unlawful under the Robinson- Steel ECJ Judgment
• Removing record-keeping requirements for working hours and
• Combing ‘normal’ holiday leave with ‘additional’ holiday leave, to create a single entitlement
   

Transfer of undertakings (protection of employment) Regulations

Removing the requirement to consult with appointed representatives when there are less than 50 employees in the business and less than 10 transferees.

The consultation is available here on gov.uk and will be open until July 7^th 2023. REC will work with our members to respond to the consultation.

JUNE 2023

Publications

• Hot Topics publication expected on 9 June 2023.
• Legal Bitesize video expected on 12 June 2023.

Off pay roll rules and set offs

As part of Tax Administration and Maintenance Day back in April, Government has published a consultation on a possible change to allow HMRC to account for taxes already paid by an individual and/or their intermediary when calculating a deemed employer’s tax and NICs liability where an error has been made in applying the off-payroll working rules. This consultation will run until 22 June 2023 and REC is responding to the consultation on behalf of our members as deemed feepayers. The options must address this issue and works effectively to support different parties in the labour supply chain. For more information please see the link here Off-payroll working (IR35) – calculation of PAYE liability in cases of non-compliance - GOV.UK (www.gov.uk)

Umbrella companies call for evidence

Following the call for evidence on the umbrella company market last year, the Treasury have launched a further consultation on proposals to regulate umbrella companies. The REC has called for this to be a priority for government for several years and we are pleased to see them finally taking action to address this issue. The REC will be submitting a response to the consultation in due course; to feed into this please email patrick.milnes@rec.uk.com or sam.beggs@rec.uk.com to share your views. 

JULY 2023

Publications

• Legal Bulletin publication expected on 10 July 2023.
   

Protection from Redundancy Act (Pregnancy and Family Leave) Act 2023

The Act provides protection from redundancy during and after pregnancy or after periods of maternity, adoption or shared parental leave. This will come into force on 24 July 2023.

AUGUST 2023

Publications

• Recruitment Matters publication expected on 8 August 2023.
• Hot Topics publication expected on 14 August 2023.

SEPTEMBER 2023

Publications

• Legal Bitesize video expected on 18 September 2023.
• As of the 1^st September 2023 the new keeping children safe in education guidance will come into force which will replace the 2022 edition.

Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent and is expected to come into force in September 2024. It introduces a new statutory right for workers (including agency workers and zero-hours workers) to request a more predictable working pattern. This will be accompanied by regulations outlining how the legislation will be implemented. Acas will be producing a draft Code of Practice for consultation in the Autumn which will provide guidance on how to handle requests from workers.

For further guidance on the act please see our bitesize video and our recruitment matters article found on the REC website.

Pensions (Extension of Automatic Enrolment) Act 2023 

The Department for Work and Pensions (DWP) has announced that the Pensions (Extension of Automatic Enrolment) Bill received Royal Assent on September 18, 2023. The Bill introduces powers to reduce the age of automatic enrolment and remove the lower earnings limit.

The Act seeks to abolish the lower earnings limit for contributions (which is currently £6,240 per annum) and reduce the age for being automatically enrolled into a pension scheme from 22 years to 18 years old.

The DWP will launch a consultation on the implementation of these new measures.

OCTOBER 2023

Legislation and Government Proposals

• Decision in Chief Constable of the Police Service of Northern Ireland and another (Appellants/Cross Respondents) v Agnew and others published on 4^th October. 

• Updated guidance on fit notes from employers and line managers published on 6^th October 2023.

• Judgement in the Employment Tribunal case of AB v Royal Borough of Kingston upon Thames was published. The case summarises factors to be taken into consideration by an employer in supporting a worker who has undergone gender reassignment on 13 October 2023.

• Update to Home Office’s guide to Right to Work Checks for employers carrying out right to work checks on or after 17 October 2023. This update removes the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) for outstanding EU Settlement Scheme (EUSS) applications made on or after 1 July 2021. The online right to work checking service will also not direct employers to verify a digital CoA with the ECS on 17 October 2023.

• Launch of the consultation on the draft statutory code for the procedures for making and considering requests under the Predictable Terms and Conditions Act 2023 on 21 October 2023.

• Enactment of the Economic Crime and Corporate Transparency Act 2023. This creates an offence applying to large entities (including not for profits of a failure to prevent (or have in place reasonable policies and procedures designed to prevent) fraud, and/or false accounting, including fraud by false representation, fraudulent trading and cheating the public revenue on 26 October 2023.

• An update to the Rehabilitation of Offenders Act 1974 rehabilitation periods table. This is due to the enactment of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA) and a change which came into force on 28^th October 2023  under PCSCA  as a result of it on 28 October 2023.

• The Employment and Trade Union Rights (Dismissal and Re-engagement) Bill was introduced to Parliament on 31 October 2023.

Publications

• Recruitment Matters publication expected on 13 October 2023.
• Legal Bulletin publication expected on 16 October 2023.

NOVEMBER 2023

Legislation and Government proposals

• The Employment Equality (Insurance etc) Bill - The purpose of this Bill is to amend Section 9 of the Equality Act 2010, which would prohibit age discrimination by employers for the provision of insurance or other related financial services. The Bill had it's First Reading in the House of Commons on 22 March 2023 and the Second Reading will be on 24 November 2023. 

• Consultation on a new proposal to repeal of Regulation 7 of the Conduct of Employment Agencies and Businesses 2003 (the Conduct Regulations) - On 6th November 2023, the  government announced its intention to open a consultation on a new proposal to repeal Regulation 7 of the Conduct Regulations.

• Draft regulations for minimum service levels for rail workers, ambulance staff and border security staff to be laid before parliament on 7th November 2023.

• Government has published the Draft Code of Practice on ‘reasonable steps’ in relation to Minimum Service Levels under the Strikes (Minimum Service Levels) Act 2023 on the 14th November 2023

• Government has launched a consultation on fresh proposals to repeal Regulation 7 of the Conduct Regulations. The consutation titled, Hiring agency staff to cover industrial action and was released on the 16th November 2023.

• The Home Office launched a Draft Code of Practice for the 'Right to Work' scheme on 20 November 2023. This sets out the sets out the prescribed checks and information that must be retained by employers to obtain a statutory excuse against liability for a civil penalty and how the Home Office determines the value of the civil penalty in cases where illegal working is identified.

• The Employment and Trade Union Rights (Dismissal and Re-engagement) Bill had its first reading in the House of Lords on 21 November 2023.

• HMRC have published guidance on advisory fuel rates for company car users, when you can use them and how they are calculated on 24th of November 2023

• HMRC will be publishing guidance on working with umbrella companies on the 30th of November 2023 

• Following the outcome of the off-set of liability consultation, HMRC will be publishing the new guide on IR35 on the 30th of  November 2023. This guidance will help members comply with the reformed off-payroll working rules (IR35).  

• Data Protection and Digital Information Bill - The Bill had its report stage on Wednesday 29 November 2023 and was read a third time and passed. It will now proceed to the House of Lords for consideration.

Publications

• Hot Topics publication is expected on 13 November 2023.

DECEMBER 2023

Case law

• Kocur v Angard Staffing Solutions Ltd – This case covers various issues on aspects of agency workers’ rights under the Agency Worker Regulations 2010 including Regulation 13(1) – right to be informed about any vacancies, and Regulation 5 – right to same basic working and employment conditions as employees of the hirer. Permission to appeal granted by the Supreme Court and the hearing will be on 7 December 2023.
• Mercer v Alternative Future Group - Whether the protection from detriment for participating in trade union activities under section 146(1)(b) of TULR(C)A 1992 extends to participation in industrial action. Hearing on 12–13 December 2023.

Publications 

• Legal Bitesize video expected on 11 December 2023.

JANUARY 2024

Legislation and Government proposals

• Article 2 of The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008, SI 2008/132, is to be amended to increase the maximum civil penalty for the illegal employment of adults subject to immigration control from £20,000 to £60,000 due to come into force 01 January 2024.
• The ​​​​Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 is proposed to come into force on 01 January 2024.
• The Equality Act 2010 (Amendment) Regulations 2023, which is due to codify certain EU-derived discrimination protections which would otherwise have disappeared at the end of this year due to Brexit, is proposed to come into force on 01 January 2024.

• National Insurance Contributions (Reduction in Rates) Act 2023 - Section 1 of The National Insurance Contributions (Reduction in Rates) Act 2023 reduces the employee primary Class 1 NICs rate that is charged between the Primary Threshold and the Upper Earnings Limit from 12% to 10% with effect from 6 January 2024.

• The Home Office’s Statutory Code on the Right to Work to come into force on 22 January 2024. This sets out the sets out the prescribed checks and information that must be retained by employers to obtain a statutory excuse against liability for a civil penalty and how the Home Office determines the value of the civil penalty in cases where illegal working is identified

February 2024

• Employment (Allocation of Tips) Act 2023 - The Department for Business and Trade (DBT) has published a consultation on a draft statutory Code of Practice on the fair and transparent allocation and distribution of tips. Specifically, it will include guidance on how tips can be gathered and distributed, factors which should be considered when distributing tips, and details on transparency measures including the requirement to keep a written tipping policy and to maintain accurate tipping records.

March 2024

Legislation and Government proposals

• The Statutory Paternity Pay (Amendment) Regulations 2024 is due to come into force on 08 March 2024.
• The Paternity Leave (Amendment) Regulations 2024 is due to come into force on 08 March 2024.
• In the Spring Budget 2024, on 6 March 2024, the Chancellor of the Exchequer, Jeremy Hunt announced cuts to the main rate employee National Insurance (NI) and the main rate self-employed NI.
  • Class 1 employee NICs was announced to be cut from 10% to 8% which will take effect from 6 April 2024.
  • The Chancellor also announced an additional 2p cut to the main rate of self-employed National Insurance.
  • Together with the 1p cut announced in the Autmn Budget 2023, this will result in an overall 3% reduction to the main rate of Class 4 NICs for the self-employed.
  • The Spring Budget 2024 has additionally confirmed that the government will consult later in 2024 on the abolition of Class 2 NICs which was also announced in the Autumn Statement 2023.
  • The budget also contains confirmation of the government’s commitment to investigating the possibility of a lifetime provider model for defined contribution pension schemes. 
• Following the enactment The Economic Crime and Corporate Transparency Act 2023 in late october 2023, the Government has  brought forward guidance, giving details of the different measures contained in the legislation. 

April 2024

Legislation and Government proposals

• Pay Under the National Minimum Wage (Amendment) (No. 2) Regulations 2023 (currently in draft), regulation 57(3) of the National Minimum Wage Regulations 2015, SI 2015/621, will be deleted. The effect of that will be to remove the exemption for live-in domestic workers (e.g. nannies and au pairs) from the national minimum wage on 01 April 2023
• Update to the off-payroll rules allowing HMRC to ‘set-off’ the taxes the worker or their intermediary (PSC) has paid against what is due to come into force from 06 April 2024 as part of the Finance Bill.
• Annual National Minimum Wage increases to take effect on 01 April 2024.
• National Living Wage to be extended to 21 and 22 year olds as of 01 April 2024.
• Proposed increase to the rates of SMP, SSP, SAP, SSPP. SPBP, and Maternity Allowance to come into effect 08 April 2023.
• The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 are due to come into effect from 06 April 2024.
• The Flexible Working (Amendment) Regulations 2023 are due to come into effect for flexible working requests made on or after 06 April 2024.

• Carer’s Leave Regulations 2024 - These draft Regulations are laid to implement a new statutory entitlement to carer’s leave for employees from 6 April 2024. They ensure that this leave will be available to employees for the purpose of providing, or arranging, care for a dependant with a long-term care need. They are due to come into force on 6 April 2024 and the REC has published an article explaining the legislation here. 

• Changes announced in the Spring Budget 2024 include the employee primary Class 1 national insurance contributions rate is due to be reduced further from 10% to 8%. This is due to come into effect on the 6th of April 2024.

• The Home office have updated the Right to Work Checklist on the 9th of April 2024

• On 18^th April 2024 the government  announced plans for a new statutory due diligence regime for businesses that use umbrella companies. No announcements have been made as to how this will be impacted by the announcement of the general election on 22^nd May 2024. We will keep REC members informed of any updates on this. Please see our publication on the impending laws here. 

• On the 19th of April, The Department for Work and Pensions (DWP) initiated a call for evidence aimed at examining potential reforms to the fit note process. This initiative seeks to better assist individuals with long-term health conditions in accessing timely work and health support. The call for evidence, announced as part of a broader initiative introduced during the Autumn Statement 2023, will lay the groundwork for further consultations on specific policy proposals. These consultations are expected to be launched later this year.

• The Department for Business and Trade has released it's response to the consultation on fair tip distribution, introducing an updated draft of the statutory Code of Practice. The Employment (Allocation of Tips) Act 2023 ensures employers cannot withhold tips and comes fully into force on 1 July 2024. 

Case Law 

• The Supreme Court has passed judgment on the case of Mercer v Alternative Fuel Group Ltd [2021] IRLR 620 on the 17th of April 2024. 

  • Facts:  Mrs Mercer ("Mercer") was employed at a health and social care charity as a support worker and, at the relevant time, was also a workplace representative for her trade union, Unison. Following a trade dispute in respect of payments for sleep-in shifts, Mercer was involved in planning and organising a series of strikes. She was suspended by her employer for just over two weeks and subjected to a disciplinary process. Mercer presented a claim to the Employment Tribunal. She complained that she had been subjected to a detriment because of her involvement in the strikes, contrary to section 146 of TULRCA.

  • Held: The Supreme Court ruled that Section 146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA) does not safeguard workers from detriment short of dismissal for participating in strikes during working hours. The Court determined that Section 146 only covered industrial action outside of working hours, leaving workers vulnerable to unfair treatment by employers, thus violating Article 11 of the European Convention on Human Rights which guarantees the right to freedom of association.  Furthermore, the court declared Section 146 incompatible with Article 11, prompting the need for legislative amendments by Parliament to address this inconsistency and ensure alignment with human rights standards.​​​​​​

• British Airways PLC v Ms T De Mello and Others: [2024] EAT 53

  • Facts: British Airways cabin crew members contended that the flat-rate meal allowance provided by the airline, which surpassed actual expenses, should factor into their holiday pay calculations. Initially, the Employment Tribunal ruled that a gap of three months or more between deductions would sever the causal link, aligning with the precedent set in Bear Scotland v Fulton. However, upon reconsideration by the Employment Appeal Tribunal (EAT) in light of the Chief Constable of the Police Service of Northern Ireland v Agnew decision, the case was reassessed. 

  • Held: A tribunal must assess the 'real basis' of a payment to determine whether it genuinely and exclusively covers costs (i.e., for expenses and thus excluded from holiday pay calculations) or if it constitutes a performance payment (i.e., part of normal pay and thus included). While originating from a Northern Ireland Supreme Court decision, Chief Constable of the Police Service of Northern v Agnew [2024] IRLR 56 should be considered an authoritative interpretation of ERA 1996, s 23. Consequently, the Employment Appeal Tribunal (EAT) was not obliged to adhere to the ruling in Bear Scotland v Fulton [2015] IRLR 15, which held that a gap of over three months between deductions inevitably breaks a series. It's worth noting that employers lack statutory authority to designate which leave days are treated as statutory versus contractual. However, Agnew does not prohibit such designation within a contract. Nonetheless, any exercise of such power cannot disadvantage the worker compared to a scenario where the power was not exercised.

December 2024

As part of the government’s Make Work Pay plan, the following consultations are closing soon:

• The consultation on Zero-Hours Contract Measures for Agency Workers, which seeks views on guaranteed hours, reasonable shift notice, and payment for cancelled shifts, closes on 2 December 2024.

• The consultation on Modernising Industrial Relations Framework, which focuses on reforms to strike mandates, trade union recognition processes, and political fund ballot requirements, closes on 2 December 2024.

• The consultation on Collective Redundancy and Fire and Rehire, which explores extending protective award periods and providing interim relief for fire and rehire-related unfair dismissal claims, closes on 2 December 2024.

• The consultation on Statutory Sick Pay (SSP), which seeks feedback on SSP rates for low-income earners, closes on 4 December 2024.

• The government has launched a new self-help online tool designed for umbrella company (UC) employees and employment businesses (EB) to estimate take-home pay and understand deductions. This initiative, announced at the Autumn Budget, aims to support UC employees and EB customers in accurately determining their tax positions. The tool provides an estimated pay calculation based on information from payslips, detailing assignment rates, gross pay, net pay, and common deductions such as Income Tax, National Insurance Contributions (NICs), Apprenticeship Levy, pension contributions, and student loans. It also helps identify incorrect deductions, ensuring accurate tax payments. The tool is available on GOV.UK: Work out pay from an umbrella company.

• On the 17th of December the government has introduced the Children’s Wellbeing and Schools Bill which was introduced to the House of Commons and given its First Reading.

• The Department for Communities Northern Ireland has launched its consultation on the draft Gender Pay Information Regulations, as mandated by section 19 of the Employment Act (Northern Ireland) 2016. Proposal for employers in public, private, and voluntary sectors with 250 or more employees are to publish gender pay information. Consultation closes on 14 February 2026.