Legal Reforms in the Employment World: Key Developments for 2023

In the final months of 2023, the Government has announced significant legal reforms in the employment world. Two key developments have been confirmed, which will have a significant impact on workers and trade unions.

The Workers (Predictable Terms and Conditions) Act 2023, inspired by the Taylor Review of modern work practices, introduces a new statutory right for workers to request a more predictable working pattern. This right applies to workers and agency workers who lack predictability in their work pattern, including those on zero hours contracts or with specific core hours that can be varied. Employers must deal with requests for predictability reasonably and provide a decision within a month. ACAS is currently consulting on a draft Code of Practice to provide guidance on handling these requests.

Additionally, the Strikes (Minimum Service Levels) Act 2023 allows the Government to mandate minimum service levels in key industries during strikes. Employers can identify staff required to work during a strike and issue them with a work notice at least seven days before the strike. Trade unions must take reasonable steps to ensure compliance with the work notice, or face potential claims. A Code of Practice has been updated to provide guidance on these steps, including identifying members, encouraging compliance, and instructing picket supervisors.

These legal developments mark a significant shift in the employment landscape, providing more rights for workers seeking predictability in their work patterns and setting out clear guidelines for trade unions during strikes. Stay tuned for further updates on the implementation of these Acts and the Code of Practice.