Strikes   If we asked you on 1 January 2022 what will nurses, airport baggage handlers, train drivers, driving examiners, border force workers, postal workers and ambulance drivers have in common, few of you would have answered nationwide industrial strikes. Due to rising interest and inflation the cost of living crisis has seen the return of the Trade Union to the employment law paradigm.For several years union influence and support has dwindled to the extent many questioned their relevance. Prior to the 2022 strikes the Truss premiership had looked to diminish union powers. Whilst these changes will perhaps be accelerated in 2023 there will probably be greater pushback from the union and the influence of unions may surge given the success of the aforementioned industries in securing pay rises in a cost of living crisis. Expect other industries to follow suit in the new year.

Looking ahead to 2023  As the winter World Cup has shown, making predictions can often leave the pundit looking silly. Few would have predicted the team to win the World Cup would lose to Saudi Arabia in the opening game but nevertheless it happened.Below are a few employment law predictions which are slightly less far-fetched:

1. A Financial Recession 

Whilst hopefully not at 2008 levels it seems fairly inevitable that the increase in interest and inflation will lead to an economic recession. From an employment law perspective this means more of an increase in redundancies and possibly collective redundancies. Since the last recession we have seen the rise of the home worker. This poses an interesting question for collective redundancy consultation as, are the workers in individual business units or are the assigned to a local office, or, a remote working unit? Expect this to be an issue dealt with at hearing over the next 12-18 months but we would err on the side of caution and say that any remote worker is likely to be assigned to remote worker hub rather than the employer argue the employee’s home address is a business unit of the employer.

2. Increased Immigration 

Labour shortages have impacted many industries. Whether due to a shortage of skilled labour, or, the labour you do employee being on strike. Expect the government to relax immigration rules to address this, particularly to make it easier to cover strikes. Expect this to be something to look out for in the next budget.

3. Proposed legislative change in April 

Next year we will be keen to see whether any of the below proposal make it through to enactment in UK employment law:

1. Neonatal Care (Leave and Pay) Bill to grant up to 12 weeks paid leave to those whose children are admitted to neonatal care.
2. The Carer’s Leave Bill to introduce a right to one week’s unpaid leave for employees with caring responsibilities.
3. Worker Protection (Amendment of Equality Act 2010) Bill to resume protection for harassment protection by third parties including suppliers and customers.
4. Miscarriage Leave Bill to allow provision for paid leave for those who have experienced miscarriages.
5. Fertility Treatment (Employment Rights) Bill to allow time off to attend fertility appointments such as IVF.
6. Protection from Redundancy (Pregnancy and Family Leave) Bill to increase redundancy protection for those who are pregnant or on family friendly leave.
7. Working Time Regulations (Amendment) Bill to reduce the maximum working week from 48 to 32 hours.

Some of the above sound very progressive in comparison to the proposals mooted under Lizz Truss and it will be interesting to see how many of these come in.

PJH Law News – Seminar in 2023We are looking to reinstate our employment law seminar in Spring 2023. Expect more to follow on this next year. In the meantime we would be interested to hear from you if:

1. You would be interested in attending; and
2. If you would prefer a remote or in person seminar.

If we do not speak to you before close of business today we would once again like to wish all clients and readers a Merry Christmas and Happy New Year.