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Forthcoming legislation

Overview

In this topic we list forthcoming legislative changes, including the implementation of new laws and the dates when new statutory rates come into effect. We also list recent changes to the law and in HR that have already happened in a separate table. 

Key points

  • Major changes in employment law and HR are listed in these tables.
  • This topic also contains key information related to the changes noted in the table. 
  • Many entries in the 'forthcoming legislation' table are marked as 'to be confirmed'. This is because even when a new law is made, the date on which it will come into force cannot be announced until relevant secondary regulations are in place that add details into a new law. 
Employment law dates at a glance

Forthcoming changes

This table shows forthcoming changes. See the forthcoming legislation in-depth page and relevant employment law topic for more information on these new statutes and amendments.

1 January 2024

Subject to parliamentary approval of the Equality Act 2010 (Amendment) Regulations 2023, the Equality Act 2010 will be amended to include eight principles derived from EU case law.  

Government amends Equality Act 2010 in light of retained EU law

1 January 2024

The Retained EU Law (Revocation and Reform) Act 2023 (“the REUL Act”), will remove the interpretive effects of retained EU law. This practically will mean the sunset of directly effective EU rights, the principle of supremacy of EU law, and general principles of EU law, and ability of domestic courts to depart from retained EU case law.

1 April 2024

The National Living Wage age band will be expanded to include workers aged 21 and over. 

1 April 2024

The National Living Wage and National Minimum Wage rates will rise as follows: 

Age Rate from 1 April 2023 Rate from 1 April 2024
Workers aged 23 and over (NLW) £10.42 -
Workers aged 21-22 £10.18  -
National Living Wage for workers aged 21 and over - £11.44
National minimum wage for workers aged 18-20 £7.49  £8.60
Young workers rate for workers aged 16-17 £5.28  £6.40
Apprentices under 19, or over 19 and in the first year of the apprenticeship £5.28  £6.40
1 July 2024

Subject to the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 gaining parliamentary approval, new rules permitting employers to consult directly with staff affected by TUPE, rather than electing representatives, will apply to businesses with 50 or fewer employees or transfers involving 10 or less employees.

Government outlines changes to holiday pay and EU retained law

To be confirmed 

Legislation will be introduced to make significant changes to paternity leave, allowing employees to take it within the first year after the birth of the baby, divide the leave into two blocks, and give 4 weeks’ notice of the dates on which leave is to be taken.

Major changes planned for paternity leave

 To be confirmed 

A new statutory code on "fire and re-hire" to be introduced. 

Dismissal and re-engagement (fire and re-hire) toolkit

 To be confirmed

A duty requiring employers to take reasonable steps to eliminate harassment in the workplace to be introduced.  

Harassment and bullying

 To be confirmed

New law prohibiting confidentiality clauses in contracts or settlement agreements from preventing disclosures to the police, regulated health and care or legal professionals to be introduced. 

Settlements and settlement agreements

 To be confirmed

New law requiring confidentiality clauses to set out their limitations to be introduced.

New confidentiality clause legislation confirmed

 To be confirmed

Laws on criminal record disclosures to be amended, reducing the disclosure period for sentences lasting four years or less.

Ex-offenders: Recruitment and Selection 

 To be confirmed

New law to increase the break needed to end continuous employment from one week to four weeks to be introduced.

Continuity of service

 To be confirmed

Retained EU law (Revocation and Reform) Act will change specified parts of the law derived from the EU. Whilst no major UK employment laws will change, there are proposals to make amendments to the Working Time Regulations 1998 and TUPE, including:

  • Small employers, and all employers where a transfer of less than 10 employees is proposed, will be able to bypass consultation with representatives and instead consult individually with staff. 
  • Case law requiring detailed records of working hours to be kept will be overturned through legislation. 
  • Rolled-up holiday pay will be introduced into law. 
  • Basic and additional statutory holiday entitlement (ie 4 + 1.6) will be merged into a single entitlement. 

Changes to EU derived law and non-compete clauses announced

 To be confirmed 

Regulatory exemptions from requirements such as gender pay gap reporting will be extended to businesses with fewer than 500 employees; currently this applies to businesses with under 250 employees.

Government promises to free growing businesses from red tape

 To be confirmed 

GDPR will be replaced with a ‘common sense’ data protection system. Further details of the proposed new scheme is yet to be released.

Data protection 

To be confirmed 

Legislation to overturn the effect of the Harpur Trust v Brazel will be brought in, replacing the Supreme Court decision with an approach aimed at ensuring part-year workers is pro-rata in accordance with the time they actually spend working. 

Govt to overturn Harpur Trust holiday effect

To be confirmed 

A new law proposed by the government will limit the length of non-compete clauses to a maximum of three months. 

Changes to EU derived law and non-compete clauses announced

Recent developments

This table shows changes that have taken place:

26 October 2023

Worker Protection (Amendment of Equality Act 2010) Bill has now received Royal Assent, so it is now the Worker Protection (Amendment of Equality Act 2010) Act.

It is likely to be implemented from around October 2024.

Harassment and bullying

25 October 2023

Acas launches its consultation on the draft Code of Practice on handling requests for more predictable terms, because of the Workers (Predictable T&Cs) Act 2023. The consultation will close on 17 January 2024.

24 October 2023 

New rate of Real Living Wage in place 

The new rate of the Real Living Wage was announced, and is now in place. Employers committed to paying this voluntary amount however have six months to increase employee pay; this must be done by 1 May 2024. 

The 2023 - 24 rates are: 

  • For workers in London: up from £11.95 to £13.15 per hour

  • For workers outside of London (including Scotland/Wales/Northern Ireland): up from £10.90 to £12 per hour

Pay rise for workers on voluntary Real Living Wage

18 September 2023

Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent. 

When in force this will give all workers the right to request a more predictable and stable contract after 26 weeks' service, and be compensated for shifts cancelled at short notice. 

New employment laws: update

18 September 2023

Pensions (Extension of Automatic Enrolment) Act 2023 received Royal Assent on 18 September 2023.

Once implemented, this will lower the age at which eligible workers must be automatically enrolled into a pension scheme by their employer from 22 to 18. Consultation on implementing the new measures will begin in due course.

New employment laws: update

6 September 2023 

Consultation on the draft Code of Practice on flexible working closed. 

Acas seeks views on updates to its flexible working Code

25 August 2023 

The Department of Business and Trade published a draft statutory code of practice on the "reasonable steps" a trade union should take to comply with the Strikes (Minimum Service Levels) Act 2023 and consultation on the draft was opened. 

Government consults on minimum service levels code of practice 

10 August 2023

The law allowing employers to use agency staff to cover for striking workers was reversed. 

Court rules that agency staff cannot be used to cover strikes

20 July 2023 

The Strikes (Minimum Service Levels) Act 2023 received Royal Assent. Secondary legislation and further consultation is needed before this is implemented, which the government has confirmed will happen "in due course".

New employment laws: update

20 July 2023 

The Employment Relations (Flexible Working) Act 2023 received Royal Assent.

Changes to flexible working become law

7 July 2023 

Consultation on reforms to the Working Time Regulations 1998, holiday pay and TUPE closed. 

Changes to EU derived law and non-compete clauses announced

29 June 2023 

The Retained EU Law (Revocation and Reform) Act 2023 received Royal Assent.

Changes to EU derived law 

24 May 2023 

Neonatal Care (Leave and Pay) Act 2023 received Royal Assent.  

This will provide employees with up to 12 weeks’ paid leave if their child (aged under 28 days or under) requires a hospital stay of over seven days.

This is expected to be implemented by April 2025.

Parents and carers to be given new protections

24 May 2023 

Protection from Redundancy (Pregnancy and Family Leave) Act received Royal Assent.

This extends redundancy protection from when pregnancy is first disclosed, to 18 months after birth. The protection is also extended for adoption and shared parental leave.

It is expected to be implemented in April 2024. 

Parents and carers to be given new protections

24 May 2023 

The Carer's Leave Act received Royal Assent.

Unpaid carer's will get a statutory day-one right to unpaid carer's leave for employees of up to one week (5 days) per year. 

This is likely to be implemented in April 2024. 

Parents and carers to be given new protections

8 May 2023 

Extra bank holiday to mark the Coronation of King Charles

Bank holiday confirmed in honour of the King's Coronation

2 May 2023 

This Employment (Allocation of Tips) Act received Royal Assent.

The commencement date for this new to apply has not yet been announced.

A statutory code of practice on allocating tips will be released, and will provide details on how to be complaint with the new law. 

National minimum wage, real living wage and pay

20 April 2023

Acas published new guidance for employers on making reasonable adjustments for mental health in the workplace. 

Acas produces guidance on reasonable adjustments

17 April 2023

Government published response to consultation on ethnicity pay gap data, and guidance on producing voluntary ethnicity pay gap reports. 

Ethnicity pay gap reporting guidance published

6 April 2023

Compensation limits, statutory guarantee pay and weekly redundancy payments 

Payments                                                 From 6 April 2023
Limit on guarantee payments £35
Limit on a week's pay for calculating redundancy and unfair dismissal basic award £643
Maximum basic award for unfair dismissal and statutory redundancy payment (30 weeks' pay subject to the limit on week's pay) £19,290
Maximum compensatory award for unfair dismissal - subject to a maximum cap of a year's pay £105,707
6 April 2023 

The Lower Earnings Limit, the amount over which must be earned to qualify for many employment-related statutory payments, remained at £123. 

New SSP, SMP etc pay rates for 2023/24

6 April 2023

The SSP rate increased from £99.35 per week to £109.40.

New SSP, SMP etc pay rates for 2023/24

2 April 2023

Statutory Maternity/Paternity/Adoption/Shared Parental/Parental Bereavement Pay

Family friendly payment rates increased to £172.48

New SSP, SMP etc pay rates for 2023/24

1 April 2023

New NLW and NMW rates 

Age Rate from 1 April 2023
Workers aged 23 and over (NLW)* £10.42
Workers aged 21-22* £10.18 
Development rate for workers aged 18-20 £7.49 
Young workers rate for workers aged 16-17 £5.28 
Apprentices under 19, or over 19 and in the first year of the apprenticeship £5.28 

New NLW and NMW rates confirmed

 5 December 2022

Ban on exclusivity clauses was extended to employees on contracts with a guaranteed weekly income below or equivalent to the Lower Earnings Limit (LEL).

Ban on exclusivity clauses extended

 6 November 2022

Repeal of health and social care levy 

The 1.25% NI contribution increase brought in on 6 April 2022 was reversed. 

The message "1.25% uplift in NICs funds NHS, health & social care" to be removed from payslips from this pay period.  

 1 October 2022 

A permanent system of digital right to work checks replaced temporary covid measures.

Foreign nationals: Recruitment and Selection

 22 September 2022

The new UK and London rates of the Real Living Wage were announced. 

voluntary living wage

 21 July 2022

Legislation that prevented employers from engaging temporary workers to undertake duties normally performed by striking workers was repealed, making it easier for employers to reduce the impact of industrial action. 

Ban lifted on using agency staff during strike action

Industrial action | Employment Law 

 20 July 2022 

Outcome in Harpur Trust v Brazel issued by the Supreme Court. This case confirmed that part-year workers should not have their holiday pro-rated in accordance with the weeks they have worked; they are entitled to a full 5.6 every year. 

This case also rejected the use of 12.07% of hours worked in calculating leave and pay entitlement, rendering the practice of 'rolled-up holiday pay' unlawful. 

 6 July 2022 

National insurance primary threshold increased 

Statutory rates

 1 July 2022 

More medical professionals became able to certify fit notes, including nurses, occupational therapists, pharmacists, and physiotherapists, where they are working in a general practice or hospital setting. 

Sick leave and pay 

 15 May 2022

Final date for implementation of voluntary living wage increase 
 6 April 2022 

Three-month "flexi-job" apprenticeship introduced

Apprentices

 6 April 2022 

The lower earnings limit  increased for the first time in two years, to £123

 6 April 2022

HMRC asked that payslips include a message to say "1.25% uplift in NICs funds NHS, health & social care." 

Itemised pay statement

Letter to all employees regarding the increase

 6 April 2022

The following rates increased: 

SSP rate 

Compensation limits, statutory guarantee pay and weekly redundancy payments 

Dismissal | Termination of Employment

National insurance contributions increased by 1.25%

 6 April 2022

The ability to manually check the status of those with a biometric residence card or permit, or frontier work permit, was removed. Now, only online checks are possible. In order to complete these checks, employers need the individual's date of birth and right to work share code. 

Foreign nationals: Recruitment and Selection

 3 April 2022

Family friendly payment rates increased, including SMP, SAP, ShPP, SPP and SPBP

 1 April 2022

National minimum wage rates increased 

Letter advising of pay increase

Fit notes no longer have to be signed by a doctor

 28 March 2022

The legal requirement to self-isolate in Wales due to covid was revoked.

Managing Coronavirus issues at work 

 24 March 2022

The COVID-19 provisions within the Statutory Sick Pay and Employment and Support Allowance regulations were removed. 

This included SSP payments for those isolating (unless too unwell to work), and the payment of SSP from day 1. 

All claims under the SSP rebate scheme for covid-related sickness had to be submitted, and all amendments to claims made, before this date

Sick leave and pay

17 March 2022

The SSP rebate scheme for covid-related sickness closed

Sick leave and pay

15 March 2022

Laws requiring mandatory vaccination for those working in care homes and within health and social care were revoked

Managing Coronavirus issues at work

24 February 2022 

Covid updates - England only

  • Legal restrictions relating to Covid, including the requirement to self-isolate, were removed. 
  • Routine contact tracing ended
  • Self isolation payments for those on low income were stopped. 

Managing Coronavirus issues at work 

January 2022

The claims portal for SSP rebate payments opened 

Sick leave and pay

31 December 2021

All claims relating to SSP payments before 1 October 2021 had to have been made by this date under the SSP rebate scheme. 

Sick leave and pay

31 December 2021

Wales and Northern Ireland aligned with England to reduce the self-isolation period for Covid positive individuals from 10 days to 7, subject to two negative lateral flow tests 

Managing Coronavirus issues at work

24 December 2021

Deadline for care home workers and volunteers to provide temporary self-certification of vaccination exemption. 

Managing Coronavirus issues at work 

21 December 2021

The SSP rebate scheme, previously closed at the end of September 2021, was reopened for absences on or after this date. Employees who were previously claimed for under the old scheme could again be claimed for under the reopened scheme. 

Sick leave and pay

11 November 2021

All workers over 18 (unless medically exempt) employed to work in care homes in England, registered by the CQC, providing personal or nursing care, were required to be double vaccinated. This included those coming into the home to provide services.

Managing Coronavirus issues at work 

09 November 2021

The final stage of Harpur Trust v Brazel was heard by the supreme court. 

Harpur Trust v Brazel

5 October 2021

The EHRC restarted enforcement of the publication of gender pay gaps for public and private companies in 2021.

Gender pay gap reporting

1 October 2021

The NHS Covid Pass was launched, that could be used by care home workers / volunteers to apply for and evidence their exemption to the Covid vaccine requirement. 

Managing Coronavirus issues at work 

30 September 2021

Modern slavery statements deadline for businesses whose financial year ended in April.

Modern slavery statements 

30 September 2021

The Covid SSP rebate scheme came to an end. From this date, absences had to be paid in full by the employer.

Sick leave and pay

30 September 2021

The Job Retention Scheme finished. 

Managing Coronavirus issues at work 

15 September 2021 

Covid-restrictions update 

Shielding officially ended, with decisions regarding the care of most vulnerable people to be made by specialists caring for them.

Managing Coronavirus issues at work 

26 August 2021

The ability to perform right to work checks remotely, instead of having to see in person original documents, was extended to 5 April 2022.

Foreign nationals: Recruitment and Selection

16 August 2021

Covid-restrictions update 

Those who had received both vaccinations, and under 18s, no longer had to isolate following close contact with a positive Covid case, but were advised to get a PCR test as soon as possible.

Managing Coronavirus issues at work 

21 July 2021

The government response to consultation on sexual harassment in the workplace was published.

Harassment and bullying

30 June 2021

EU Settlement Scheme closed to applicants.

New right to work checks introduced.

Foreign nationals: Recruitment and Selection

21 June 2021

Covid-restrictions relaxation date - England 

All remaining restrictions lifted.

Nightclubs reopened.

Managing Coronavirus issues at work

Early June 2021

Covid-restrictions relaxation date - Scotland

Minimal restrictions remained in place.

Managing Coronavirus issues at work

31 May 2021

The right not to be subjected to a detriment as a result of health and safety claims was extended to workers.

Casual workers

End of May 2021

Covid-restrictions relaxation date - Wales

Relaxed for indoor hospitality and remaining visitor accommodation in advance of Spring Bank Holiday.

Managing Coronavirus issues at work

17 May 2021

Covid-restrictions relaxation date - Wales

Indoor children’s indoor activities resumed and community centres reopened.

Organised indoor activities for adults allowed, limited to a maximum of 15 people. This included exercise classes.

Managing Coronavirus issues at work

17 May 2021

Covid-restrictions relaxation date - Scotland

Indoor hospitality returned to greater normality.

Cinemas, amusement arcades and bingo halls reopened.

Managing Coronavirus issues at work

3 May 2021

Covid-restrictions relaxation date - Wales

Gyms, leisure centres and fitness facilities reopened.

Managing Coronavirus issues at work

30 April 2021

The Job Retention Scheme was  extended until the end of September.

Managing Coronavirus issues at work 

30 April 2021

Confirmation that termination payments for staff previously furloughed had to be based on normal pay, rather than furlough pay.

Managing Coronavirus issues at work

26 April 2021

Covid-restrictions relaxation date - Wales

Outdoor hospitality reopened.

Managing Coronavirus issues at work

26 April 2021

Covid-restrictions relaxation date - Scotland

Hospitality reopened for outdoor service, in groups of up to six from three households until 10pm.

All remaining non-essential retail reopened. 

Managing Coronavirus issues at work

12 April 2021

Covid-restrictions relaxation date - England 

Hairdressers, nail salons, non-essential retail, gyms, libraries and holiday lets re-opened in England.

Pubs and restaurants re-opened for outdoor service with no curfew or food restrictions (with rule of six).

Managing Coronavirus issues at work

6 April 2021

Vento bands updated following presidential guidance of the Employment Tribunals.

Dismissal | Termination of Employment 

6 April 2021

IR35 update: large and medium sized organisations in the private sector who engage contractors through intermediary companies became responsible for assessing the employment status of those contractors.

Inside or outside? IR35 is here

6 April 2021

New minimum wage and weekly redundancy pay rates came into force. 

Statutory rates 

6 April 2021

Changes to taxation of termination payments.

Dismissal | Termination of Employment 

4 April 2021

New family leave rates came into force.

Statutory rates 

1 April 2021

New NMW and NLW rates were introduced.

Statutory rates 

1 April 2021

Employers required to keep NMW records for 6, rather than 3, years.

National minimum wage

30 March / 4 April 2021

Deadline for Gender Pay Gap reporting for the previous year.

Gender pay gap reporting

31 March 2021

Employees in receipt of furlough pay to have statutory payments based on normal pay.

Managing Coronavirus issues at work

1 January 2021

New immigration scheme came into force for all applicants regardless of nationality.

Foreign nationals: Recruitment and Selection

31 December 2020

The Court of Appeal able move away from retained EU case law.

Brexit implications 

14 December 2020

Period of self-isolation reduced to 10 days.

Managing Coronavirus issues at work

1 December 2020

Early conciliation extended to 6 weeks

Conciliation and mediation

1 December 2020

Notice pay could no longer be claimed under the CJRS. 

Managing Coronavirus issues at work

31 October 2020

The Job Retention Scheme was extended allowing new applicants to be furloughed and 80% of their wages claimed.  

Managing Coronavirus issues at work

28 September 2020

Fines introduce for employers allowing workers who have tested positive for Covid-19 to attend the workplace. 

Managing Coronavirus issues at work

1 September 2020

Employers started funding 10% of the 80% wage payable to furloughed staff.

Managing Coronavirus issues at work

1 August 2020

Employers started funding national insurance and pension contributions for furloughed workers.

Managing Coronavirus issues at work

1 July 2020

Part-time furlough was introduced. 

Managing Coronavirus issues at work

30 June 2020

The original Job Retention Scheme closed to new applicants. 

Managing Coronavirus issues at work

29 May 2020

The Job Retention Scheme was extended to the end of October.

Managing Coronavirus issues at work

26 May 2020

The Coronavirus Statutory Sick Pay Rebate Scheme launched.

Sick leave and pay

30 April 2020

Deadline for agency workers on Swedish derogation agency contracts to be provided with an explanatory statement.

Agency workers | Temporary Staff 

17 April 2020

Statutory sick pay extended to individuals who were 'shielding' from coronavirus. 

Sick leave and pay

6 April 2020

Parental Bereavement Leave was introduced.

Parental bereavement leave 

6 April 2020

New law requiring employment businesses to provide all agency workers with a Key Information Document took effect.

Agency workers | Temporary Staff 

6 April 2020

New law extending the holiday pay reference period to 52 weeks took effect.

Holiday entitlement and pay 

6 April 2020

Amendments to mandatory information required within a statement of main terms and conditions came into force.

Statement of written particulars 

6 April 2020

New day-one right to a written statement of main terms and conditions for workers and employees came into force.

Statement of written particulars 

6 April 2020

The threshold for the right to request information and consultation arrangements was reduced to 2% of employees, subject to a minimum of 15 employees.

Information and consultation 

6 April 2020

New law prohibiting use of Swedish derogation agency contracts took effect.

Agency workers | Temporary Staff 

6 April 2020

Increase to statutory sick pay (SSP) rate

Statutory rates 

6 April 2020

Increase to tribunal compensation rates

Statutory rates 

5 April 2020

Increase to statutory maternity pay, paternity pay, adoption pay and shared parental pay

Statutory rates