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HR and Employment Law Monthly Report – August 2023

THSP Employment Law Consultant - Andrew Wilson

By Andrew Wilson

LinkedIn profile

In this article, Andrew Wilson, THSP’s Employment Law Consultant Director, discusses the latest potential HR and Employment Law legal changes over the next 12 months.

It’s important to note that all of these potential changes are at very different stages in terms of getting a legal stamp.
So, just be aware if they are not already on your radar.

The Neonatal Care (Leave and Pay) Act 2023

The Neonatal Care (Leave and Pay) Act 2023 will allow eligible employed parents whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave. This is in addition to other leave entitlements such as maternity and paternity leave. The new neonatal leave and pay entitlements are expected to set out in detailed regulations and to be implemented by April 2025.

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

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will allow the extension of existing redundancy protections while on maternity, adoption, or shared parental leave to also cover pregnancy and a period after a new parent has returned to work.

The Act will enable further regulations to be passed which will enhance protections for pregnant women and new parents to confront common discriminatory practice from employers. The Act is expected to come into force at the end of two months beginning with the day the Act was passed, being in July 2023, and with detailed regulations to follow. The Act will be of relevance in redundancy consultation processes and is likely to place a statutory obligation on employers to offer suitable alternative roles to at risk employees for a period of 6 months following their return from maternity, adoption, or shared parental leave.

The Carer’s Leave Act 2023

The Carer’s Leave Act 2023 will create a new statutory entitlement to one week of flexible unpaid leave per year for employees who are caring for a dependant with a long-term care need. The Act aims to provide support to the millions of unpaid carers in the UK who invaluably contribute to society. It is expected that regulations implementing the intention of the Act will not be in forced before April 2024.

Flexible Working Changes

Flexible Working changes will afford the right from day one, enable two requests a year, put the onus on employers to consult with other employees to see if the request can be managed amongst the workforce, removing the obligation on the employee to put forward solutions. It could also afford temporary flexible working as a lawful option. The considerations on Flexible Working are still in Parliament, and not all of the above is likely to proceed.

If you have any questions regarding this or any other HR or Employment Law matter, then get in touch with us today.