Employment Law Update Summary February 2023

One of the benefits for being a member of My People Partner is that you receive an in-depth Employment Law Update at the start of every month.  What follows is a summary of the February 2023 report.

  • Fire and Rehire – This April the Code of Practice on Dismissal and Re-engagement will conclude its consultation period and is expected to be in regular use later in the year. Fire and rehire practices should only be used to change an employee’s terms and conditions as ‘a last resort’ and instead employers and staff will be encouraged to engage in a round of information, consultation, and negotiation to avoid what are now considered to be outdated processes. The Code isn’t ‘law’ but it will be an influential guide which tribunals will take into account when deciding cases and awarding damages.
  • Zero Hours – Zero Tolerance – This month, the government supported Blackpool South MP Scott Benton’s Workers (Predictable Terms and Conditions) Bill, which will bring forward huge changes for tens of millions of UK workers who juggle unpredictable shift patterns. Back in 2017 review of modern working practices Matthew Taylor’s report recommended the introduction of a policy to secure ‘more predictable working patterns’ claiming that it would support many workers who experienced ‘one-sided flexibility’.  Subject to parliamentary approval, employees and workers will have this new right once it comes into force. In step with other working requests, employers will have the option to refuse a request for a more predictable working pattern on specific grounds, such as the burden of additional costs to make changes, or there being insufficient work at times when the employee proposes to work. Workers will be able to make up to 2 requests a year which may seem burdensome to employers.  There will be a requirement for workers to have worked for their employer for several weeks before they make their application, however, workers won’t be prevented from making applications if their continuity of employment is broken, such as often happens when working on a stand-by basis.

Members of the My People Partner also had information relating to

  • ·         Case Law – Holiday Pay for Part Year Workers

To discuss any of the information within this document or to find out more about My People Partner, contact us at KCA

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