Legislation Tracker

Forthcoming Legislation

Changes to the Employment Tribunals Act 1996

Effective: to be confirmed

Following its consultation on reforming the employment tribunal system, the Government intends to make the following changes to the Employment Tribunals Act 1996.

Regulations to protect whistleblowers applying for NHS jobs

Effective: to be confirmed

The draft Employment Rights Act 1996 (NHS Recruitment - Protected Disclosure) Regulations 2018 prohibit an NHS employer from discriminating against an applicant because it appears that the applicant has made a protected disclosure.

Regulations to introduce fines on trade unions

Effective: to be confirmed

The draft Trade Union (Financial Penalties) Regulations allow trade union Certification Officers to fine unions for non-compliance with statutory requirements.

Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

Effective: to be confirmed

These regulations come under the Investigatory Powers Act 2016. Similar provisions are currently contained in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, which these new regulations will replace.

Scotland legislates to increase the number of women on public boards

Effective: to be confirmed

The Gender Representation on Public Boards (Scotland) Act 2018 sets a “gender representation objective” for public authorities in Scotland when they make appointments to non-executive board positions.

New legislation to ensure tips go to workers

Effective: to be confirmed

The Government is to introduce legislation to ensure that tips left for workers go to them in full.

Large companies required to report on directors’ pay and probity

Effective: 1 January 2019

The draft Companies (Miscellaneous Reporting) Regulations 2018 introduce new reporting requirements in order to build confidence in the way that large private and quoted companies are run.

The Employment Rights (Amendment) (EU Exit) Regulations 2018

Effective: EU exit day

The following legislation makes amendments to employment law to reflect the withdrawal of the UK from the EU in the event that there is no deal with the EU.

The Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Effective: 1 April 2019

These regulations introduce two new types of flexible working (known collectively as “flexible service”) for those serving in the regular Armed Forces (the Royal Navy, the Royal Marines, the Army and the Royal Air Force).

National Insurance Contributions Bill

Effective: 1 April 2019

The Government has announced that it will introduce the National Insurance Contributions Bill in 2018.

Changes to tax treatment of termination payments

Effective: 6 April 2019

The Government is to make the following changes to the taxation of termination payments.

Payslips must state hours worked

Effective: 6 April 2019

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018 requires employers to provide additional information about the number of hours that are being paid for within the itemised pay statement (payslip) of employees for whom pay varies according to the number of hours worked.

Right to itemised payslips extended to workers

Effective: 6 April 2019

The draft Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 extends the right to receive an itemised pay statement (payslip), which currently only applies to employees, to all workers.

Abolition of receipt checking for benchmark scale rate travel expenses

Effective: 6 April 2019

A clause in the Finance Bill 2018/19 removes the requirement for employers to check receipts when using the HM Revenue & Customs (HMRC) benchmark scale rates to pay or reimburse their employees’ qualifying subsistence expenses.

Increases to statutory maternity pay and other statutory pay rates

Effective: April 2019

The Government has announced increases in the weekly rates for statutory maternity pay and other types of statutory pay from April 2019.

Minimum wage increases from April 2019

Effective: April 2019

The Government has accepted the Low Pay Commission’s recommended increases to the National Living Wage (NLW) and National Minimum Wage (NMW) rates.

Parental Bereavement (Leave and Pay) Act 2018

Effective: April 2020

The Parental Bereavement (Leave and Pay) Act 2018 entitles parents who lose a child under the age of 18 to two weeks' paid leave.

Legislation Now in Force

The Time Off for Public Duties Order 2018

Reference: 2018 No.665

Effective: 1 October 2018

This Order amends the Employment Rights Act 1996 (ERA) to grant unpaid time off work to four groups of volunteers in the criminal justice system who monitor conditions of those in custody.

European Union (Withdrawal) Act 2018

Effective: 26 June 2018 and by regulations

The European Union (Withdrawal) Act repeals the European Communities Act 1972 (under which EU laws have effect in the UK) on the day the UK leaves the EU.

Trade Secrets Directive

Effective: 9 June 2018

The EU Trade Secrets Directive was adopted by the European Parliament and Council on 8 June 2016. Member States have two years from this date to implement the directive, ie by 9 June 2018.

Data Protection Act 2018

Effective: 25 May 2018

The Data Protection Act 2018 aims to modernise data protection laws in the UK to make them fit for purpose for an increasingly digital economy and society.

General Data Protection Regulation

Effective: 25 May 2018

The General Data Protection Regulation (2016/679 EU) (GDPR) replaces the Data Protection Directive (95/46/EC).

The Data Protection (Charges and Information) Regulations 2018

Effective: 25 May 2018

The General Data Protection Regulation (GDPR) will come into force on 25 May 2018.

Changes to tax treatment of payments in lieu of notice

Effective: 6 April 2018

Changes to the income tax and National Insurance treatment of payments in lieu of notice (PILONs) came into force on 6 April 2018.

Changes to Scottish income tax bands

Effective: 6 April 2018

The Scottish Parliament has set the following income tax rates and bands for 2018/19.

The Employment Rights (Increase of Limits) Order 2018

Reference: 2018 No.194

Effective: 6 April 2018

The increases to tribunal award limits from 6 April 2018 are set out in the Employment Rights (Increase of Limits) Order 2018.

Increases to employer contributions to auto-enrolment pensions

Effective: 6 April 2018

On 6 April 2018 the minimum contribution employers are required to make to auto-enrolment pensions increases from 1% to 2%. A further increase to 3% will take place in April 2019.

Occupational pension costs and charges reporting requirements

Effective: 6 April 2018

From 6 April 2018, occupational pension schemes which offer money purchase benefits are required to provide an illustrative example of the cumulative effect of costs and charges incurred by a member.

Increase in state pension age

Effective: 2018–2028

The Government plans to increase the state pension age.

Minimum wage increases from April 2018

Effective: 1 April 2018

The Government has accepted the Low Pay Commission’s recommended increases to the National Living Wage (NLW) and National Minimum Wage (NMW) rates.

Increases to statutory maternity pay and other types of pay

Effective: April 2018

The Social Security Benefits Up-rating Order 2018 increases the weekly rates for statutory maternity pay and other types of pay from April 2018..

Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2017

Effective: 10 March 2018

These draft regulations restrict the circumstances in which a relevant public sector employer can make deductions from its workers’ wages in respect of trade union subscriptions (commonly referred to as “check-off”).

Seafarers’ employment rights

Effective: January 2018

The Government has published guidance on when UK equality legislation and the National Minimum Wage (NMW) apply to seafarers.

Government Consultations

Consultation: reforming employment law hearing structures

From 26 September 2018 to 11 January 2019

The Law Commission is consulting on reforming employment law hearing structures.

Consultation: ethnicity pay reporting

From 11 October 2018 to 11 January 2019

The Government is consulting on a mandatory approach to ethnicity pay reporting by employers.

Call for evidence: UK Labour Market Enforcement Strategy 2019/20

From 27 July 2018 to 28 September 2018

To help inform his enforcement strategy for next year, Director of Labour Market Enforcement David Metcalf is seeking evidence and views on hotels, restaurants and food services, and warehousing sectors.

Call for evidence: supporting ex-offenders on their path to employment

From 4 July 2018 to 31 August 2018

The Government is committed to supporting ex-offenders on their path to employment.

Consultation on Protecting Defined Benefit Pension Schemes — A Stronger Pensions Regulator

From 26 June 2018 to 21 August 2018

This is the first of a series of consultations following a Government White Paper Protecting Defined Benefit Pension Schemes.

Consultation on off-payroll working in the private sector

From 18 May 2018 to 10 August 2018

Since April 2017 there has been a change to off-payroll working rules (IR35) in the public sector.

Consultation on the Information Commissioner Office’s draft regulatory action policy

From 4 May 2018 to 28 June 2018

The Information Commissioner’s Office (ICO) has launched a consultation on how it plans to regulate new data protection laws.

Consultation on parental bereavement leave and pay

From 28 March 2018 to 8 June 2018

The Parental Bereavement (Leave and Pay) Bill is currently being considered in Parliament.

Consultation on employment status

From 7 February 2018 to 1 June 2018

This consultation considers possible changes to the employment status framework in the light of the findings of the Taylor Review of Modern Working Practices.

Consultation on April 2019 National Minimum Wage rates

From 5 March 2018 to 1 June 2018

The Low Pay Commission (LPC) is seeking evidence to inform its recommendations to the Government about the National Living Wage (NLW) and National Minimum Wage (NMW) rates that should apply from April 2019.

Consultation on measures to increase transparency in the UK labour market

From 7 February 2018 to 23 May 2018

This consultation considers the following areas relating to the Taylor Review’s recommendations on increasing transparency in the labour market.

Consultation on the Taylor Review’s recommendations on the enforcement of employment rights

From 7 February 2018 to 16 May 2018

This consultation considers the following areas relating to the Taylor Review’s recommendations on the enforcement of employment rights.

Consultation on the Taylor Review’s agency worker recommendations

From 7 February 2018 to 9 May 2018

This consultation seeks views on the recommendations made by the , published on 11 July 2017, regarding the enforcement of agency workers’ employment rights.

Consultation on enforcing the gender pay gap regulations

From 19 December 2017 to 2 February 2018

The Equality and Human Rights Commission (EHRC) is consulting on its planned approach to enforcing the gender pay gap regulations.

Codes of Practice

Recruitment of childcare workers: changes to disqualification arrangements

Effective: 31 August 2018

The Government is removing a rule by which a childcare worker can be disqualified from employment because someone who lives or works in their household is disqualified.

Legal Timetable

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