Legal update: The four new Acts you need to know about

The month of May finished with a few Private Member’s Bills (PMBs) completing their third reading and getting Royal Assent, meaning these Bills are now Acts. Here’s all you need to know about them!

And if you want to learn more, we’re hosting a webinar on 16 June with our Director of Employment Law Gill McAteer to give you a full rundown of the changes. Sign up here.

Employment (Allocation of Tips) Act 2023

  • This has passed but hasn’t come into force yet.
  • 100% of tips received by an employer must be given to workers without deduction (except for deductions required by law, like tax).
  • It also requires you to have a written policy and maintain records.
  • The government will introduce regulations which will include the date this new law will come into force. We’re staying tuned for those – they can come in very quickly.
  • The government will also publish and consult on a statutory Code of Practice which will set out details of the principles of fairness and transparency that you should follow to comply with your obligations under the Act.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

  • This Act was passed on 25 May and it’ll come into force on 25 July.
  • Currently, 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 their existing role is being made redundant.
  • This Act will extend the time that protection applies – it’s expected that this extension will include the period from when the pregnancy has been notified to the employer and for a further period following their return from leave, but the details will be confirmed in the Regulations that are expected shortly

Carer’s Leave Act 2023

  • This introduces a new day-one right for all employees to take up to one week of unpaid carer’s leave per 12 months to provide or arrange for care for a dependant with a long-term care need.
  • This Act was passed on 25 May and it’ll come into force on the date set out in the regulations which the government will publish, setting out the rest of the details.

Neonatal Care (Leave and Pay) Act 2023

  • This introduces a day-one right to take up to 12 weeks leave for employees where a neonate (a child who is 28 days old or younger) is admitted to the hospital for care for a continuous period of seven days or more.
  • It also has a right to statutory neonatal pay where the employee meets service and minimum earnings criteria.
  • This Act was passed on 25 May and the government will now create regulations which will include the date the new rules will come into force. They have said before that this could be as long as 18 months, as it’ll require HMRC to make arrangements beforehand – but we’ll have to see if this ends up being the case.

Got any questions? Sign up for our webinar!

We know this is a lot to take in – which is why we’re hosting a webinar with our Director of Employment Law so you can ask your questions and get a clear picture of anything you need to be aware of. Sign up here!

And as always, if you have any questions about any of these changes, please give your 24/7 advice line a call at 0345 844 4848.

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