Employment Law Round Up - February 2024

Morton Fraser Consultant Carrie Mitchell
Carrie Mitchell
12 February 2024

Our monthly employment law round up.

Labour party campaign document sets out proposed employment law commitments

The Labour party has published a campaign document Let's Get Britain's Future Back, setting out the proposed employment law related policies if they form a new UK Government following the next general election.  Although no detail was included, the document references banning zero hours contracts, ending fire and rehire practices and delivering a "genuine" living wage. 

2024 increases to statutory leave pay

Draft regulations setting out the proposed annual increases to statutory leave payments have been published.  The proposed figures are:-

Revised Code of Practice on flexible working published

Acas has published its revised Code of Practice on requests for flexible working.  This statutory guidance is intended to be brought into force alongside the changes being made to the current regime in April 2024.  It reflects both the right to request flexible working becoming a day 1 employment right and the changes being made to the procedure for making a request.  The revised Code clarifies:-

  • The requirement to consult an employee before making a decision on the request does not apply if the employer is going to agree to the request in full;
  • The need to discuss potential modifications with the employee, if it is not possible for the employer to agree to a request in full, is set out in more explicit terms;
  • That although there is no statutory right for the employee to be accompanied to the meeting, nor is there a right to an appeal, both are good practice;
  • That any appeal should be handled by a different manager "wherever possible".

Non-statutory guidance is also to be produced by Acas.

Consultation on draft statutory Code of Practice on Tips opens

The UK Government has opened a consultation on a draft statutory Code of Practice on Fair and Transparent Distribution of Tips.  The Code is intended to provide guidance to employers and workers in tipping industries on the fair and transparent allocation of tips, supporting measures in the Employment (Allocation of Tips) Act 2023 ("the Act").  The consultation will remain open until 22 February.  The Act is expected to come into force on 1 July 2024.

Public and Commercial Services ("PCS") union to launch judicial review proceedings against minimum service levels regulations

The PCS has announced that it will be challenging the minimum service level regulations that apply in respect of strikes within the Border Force.  They intend to seek a judicial review of the regulations arguing that they contravene the right to strike enshrined within Article 11 of the European Convention on Human Rights.  The Border Security Minimum Service Regulations set out that border security should be provided at a level that means they are no less effective than if a strike was not taking place.  Should the Labour party be successful at the next general election, they have committed to repealing the legislation.


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