After the UK general election was announced, the following legislation was approved by Parliament during what is known as ‘the wash-up’ period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies.
Paternity Leave (Bereavement) Act 2024
The Paternity Leave (Bereavement) Act will, among other things, remove the usual 26-week minimum service requirement for fathers and partners to take paternity leave where the mother of a child (or the adoptive parent/intended parent in a surrogacy arrangement) dies shortly after the child’s birth. Regulations are required to bring the Act into force.
Statutory Code of Practice on the fair and transparent distribution of tips
The approved draft Code of Practice supports the Employment (Allocation of Tips) Act 2023, which will create a legal obligation for employers to allocate qualifying tips, gratuity and service charges fairly between workers and any eligible agency workers. The Code will provide employers with overarching principles to help them determine what is fair for the purposes of the Act, including providing guidance on the types of tips which are covered, and providing a list of non-exhaustive factors that employers should take into consideration to allocate tips fairly. Further regulations are required to bring both the Code and the remaining provisions of this Act into force. It was expected that these would come into force on 1 October 2024, but this is dependent on the new government.
Code of Practice (Dismissal and Re-engagement) Order 2024
This Code of Practice provides guidance on the use of dismissal and re-engagement. From 18 July 2024, the Code requires employers to inform and consult with employees on proposed changes to employment terms and provides steps employers should follow when it envisages using dismissal and re-engagement. It was anticipated that a related order which would introduce a 25% uplift or reduction to any compensation awarded by a Tribunal if the Code is not followed by the employer or employee respectively, would come into force on 18 July 2024, but this was not passed.
We anticipate that this Code will soon be replaced under the new government. In the King’s Speech on 17 July 2024, it was confirmed that the new government is committed to banning fire and re-hire practices and intends to pass a new statutory Code. We await further details on the extent of the ban and how this will be enforced, but expect this to be a much stronger stance against fire and re-hire than the current Code.
Retained EU Law (Revocation and Reform) Act 2023 (Commencement No. 2 and Saving Provisions) Regulations
These Regulations bring into force section 6 of the Retained EU Law (Revocation and Reform) Act 2023, an Act which seeks to redefine how EU-based laws should be treated in the UK post-Brexit. Notably, from 1 October 2024, appeal courts (courts equivalent to or higher than the Court of Appeal) will have new tests for departure from assimilated EU and domestic case law (previously known as retained EU case law) and there will be a new referral procedure for lower courts and tribunals to refer points of law on assimilated case law to a relevant higher court.
UPDATE: These regulations have been revoked by the new Government – meaning that section 6 was not brought into force on 1 October 2024. The Government has said that it intends to look at this issue again in the wider context of its work to reset UK relations with the EU.
