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Upcoming Legislation – Key Changes Employers Need to Know

A series of significant  legislative changes are set to reshape the employment landscape for businesses across the UK. From tipping policies to sexual harassment responsibilities and pension age increases, this upcoming legislation will have a widespread impact on employers and employees alike. It’s crucial for businesses to stay informed and proactive to ensure compliance and mitigate risks. Here’s a breakdown of the upcoming laws, their commencement dates, and what businesses need to prepare for.

1 October 2024 – Employment (Allocation of Tips) Act 2023

This Act mandates that employers must pass on all tips, gratuities, and service charges paid by customers to workers, without deductions. It ensures that workers receive the full value of tips they earn. Employers who distribute tips regularly will be required to have a written policy outlining their approach.

26 October 2024 – Worker Protection (Amendment of Equality Act 2010) Act 2023

This legislation places a heightened duty on employers to take reasonable steps to prevent sexual harassment in the workplace. It introduces a significant change: if an employer is found to have failed in their new duty, any compensation awarded for harassment claims, including sexual harassment, can be increased by 25%. This underscores the importance of robust policies, training, and preventative measures to safeguard employees.

1 July 2026 – The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022

These regulations align certain UK road transport provisions with the Trade and Cooperation Agreement (TCA) between the UK and the European Union. The changes will apply to drivers’ hours rules and the use of tachographs in goods vehicles, including light goods vehicles, and will introduce new tachograph equipment. The regulations also reflect changes in market access for EU operators under the TCA.

2028 – Pension Age Increase

In 2028, the normal minimum pension age will increase from 55 to 57 years. This change, part of the Finance Act 2004 amendment, will impact those planning for retirement and may affect workforce planning for businesses.

Legislation Awaiting Confirmation in 2024

Employment Tribunal and EAT Fees – Expected November 2024

The government is expected to introduce fees for bringing claims to Employment Tribunals (ET) and Employment Appeal Tribunals (EAT). The fee is proposed to be £55 for a claimant, with an additional £55 for each decision appealed in an EAT. This fee structure is aimed at balancing affordability, simplicity, and proportionality, with a remission scheme for those who cannot afford the fees.

Strikes (Minimum Service Levels) Act 2023

The Act will enforce minimum service levels in sectors like health, fire and rescue, education, transport, border security, and nuclear decommissioning. The draft Code of Practice has been consulted on, and the government’s response indicates that this legislation will come into force soon.

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

This legislation when in force, will enable questions to be asked about spent cautions and convictions where it is necessary to assess a person’s suitability to engage in work by chartered management accountants, fire and rescue authority employees, justice system intermediaries and notaries public of England and Wales.

Seafarers’ Wages Act 2023

This Act aims to protect seafarers on ships operating  international routes to and from the UK by ensuring they are paid no less than the national minimum/living wage.

Pensions (Extension of Automatic Enrolment) Act 2023

The new legislation will lower the age for automatic pension enrolment from 22 to 18 years, expanding pension benefits to younger workers.

Legislation Expected in 2025

Neonatal Care (Leave and Pay) Act 2023

This Act introduces a statutory right for employees to take leave if their child requires neonatal care. It applies to parents or those with a personal relationship with a child receiving medical or palliative neonatal care.

Conclusion

These upcoming changes will significantly impact businesses across various sectors. Employers should start preparing by reviewing their policies, updating contracts, and ensuring compliance with these legislative requirements. By staying ahead of these changes, businesses can mitigate risks and protect both their workforce and their reputation.

We’re here to help

Keeping up with new legislation can be challenging, HR Solutions can help ensure your policies, handbooks, and contracts are fully up to date with the latest laws. If you have any questions about the upcoming changes, we offer a free 30-minute advice session with one of our expert HR advisors. Simply complete the form here to get started.

Get in touch with us today by calling us on 0844 324 5840 or completing one of our contact forms.

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