Skip to main content
  • About
  • News & Insights
  • Careers
  • International
0808 291 3524
Dialog that contains search functionality
Irwin Mitchell Logo
  • Personal
    • Personal
    • Personal Home
    • Personal Injury Claims
      • Personal Injury Claims
      • Personal Injury Claims Home
      • Abuse Claims
      • Accidents In Public Places Claims
      • Criminal Injury Compensation Claims
      • Accident At Work Claims
      • Air, Rail & Maritime Claims
      • Asbestos & Mesothelioma Claims
      • Changing Solicitors During a Personal Injury Claim
      • Group Claims
      • Holiday Accidents & Illness Claims
      • Illness Compensation Claims
      • Industrial Disease Claims
      • Injury Types
      • Military Injury Compensation Claims
      • No Win No Fee Personal Injury Claims
      • Personal Injury Claims In Scotland
      • How To Claim Compensation For Personal Injury
      • Product Liability Claims
      • Road Traffic Accident Claims
      • Serious Injury Claims
      • Who Can Help?
      • Support Services
    • Medical Negligence Claims
      • Medical Negligence Claims
      • Medical Negligence Claims Home
      • Cancer Misdiagnosis Claims
      • Birth Injury Claims
      • Cauda Equina Syndrome Claims
      • Never Event Claims
      • Ambulance & Paramedic Medical Negligence Claims
      • Cosmetic Surgery Claims
      • Private Healthcare Claims
      • Cerebral Palsy Claims
      • Defective Medical Device Claims
      • Dental Negligence Claims
      • Diabetes Misdiagnosis Claims
      • Fatal Medical Negligence Claims & Inquests
      • GP Negligence Claims
      • Hospital Negligence Claims
      • What Is Medical Negligence?
      • Meningitis Misdiagnosis Claims
      • Failure To Prevent Suicide Claims
      • Misdiagnosis Claims
      • Ophthalmic Negligence Claims
      • Pregnancy & Gynaecology Injury Claims
      • Sepsis Negligence Claims
      • Pharmacy And Medication Negligence Claims
      • Shrewsbury & Telford Hospital NHS Trust Maternity Care Claims
      • Stroke Misdiagnosis Claims
      • Surgery Compensation Claims
    • Counselling
      • Counselling
      • Counselling Home
      • Counselling Myths Dispelled
    • Family Law
      • Family Law
      • Family Law Home
      • Divorce Solicitors
      • Prenuptial & Postnuptial Agreement Solicitors
      • Child Abduction Solicitors
      • Civil Partnership Solicitors
      • LGBT+ Family Law Solicitors
      • Unmarried Couples' Rights
      • Divorce Financial Settlement Solicitors
      • Child Arrangement Orders
      • Family Mediation
      • Out of Court Divorce Solicitors
      • Separation Agreement Solicitors
      • Adoption & Surrogacy Solicitors
    • Wills, Trusts & Estates
      • Wills, Trusts & Estates
      • Wills, Trusts & Estates Home
      • Estate Planning Solicitors
      • Powers Of Attorney
      • Trusts
      • Will Writing Services
      • Will Disputes & Contentious Probate
    • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors Home
      • Conveyancing Fees Calculator
      • Buying A Property
      • Selling A Property
      • Remortgage
      • Transfer Of Equity
      • Buy To Let
      • Freehold Purchase (Leasehold Enfranchisement) Solicitors
      • Lease Extension Solicitors
      • Conveyancing Guide
      • Residential Property Disputes
    • Tax
      • Tax
      • Tax Home
      • Business Tax
      • Inheritance Tax
      • International Tax
      • Professional Negligence
      • HMRC Tax Investigations
      • Tax Disputes & Litigation
      • Tax Residence
      • Tax Returns & Compliance
      • UK Resident Non-Doms
      • Wealth Structuring
    • Probate
      • Probate
      • Probate Home
      • International Probate
      • Probate Sale Conveyancing
      • What Is Probate & How Does It Work?
    • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes Home
      • Trust Disputes
      • Inheritance Act Claims
      • Contesting A Will
      • Contentious Probate
      • Pre-Death Agreements
      • Professional Negligence
      • Challenging A Lifetime Gift
      • Financial Abuse
      • Statutory Will Disputes
      • Defending A Contested Will
    • Employment Solicitors
      • Employment Solicitors
      • Employment Solicitors Home
      • Employment Contract Solicitors
      • Employment Disputes
      • Dismissal & Redundancy Solicitors
      • Employment Discrimination Solicitors
      • Employment Lawyers for Legal Expenses Insurance
      • Harassment & Bullying At Work Solicitors
      • Parental & Family Friendly Employment Rights
      • Professional Discipline Solicitors
      • Recruitment & Promotion
      • Senior Executive Employment Lawyers
      • Settlement Agreements
      • Whistleblowing Solicitors
    • Elderly Legal Services
    • Protecting Your Rights
      • Protecting Your Rights
      • Protecting Your Rights Home
      • Actions Against The Police
      • Inquests
      • Environmental & Planning Law
      • Assessment & Treatment Unit Solicitors
      • Data Protection Breach Claims
      • Education Law
      • Healthcare & Social Services
      • Human Rights
      • Judicial Review
      • Mental Capacity
      • Professional Regulation & Discipline
      • Dispute Resolution
      • Legal Aid
    • Immigration Solicitors
      • Immigration Solicitors
      • Immigration Solicitors Home
      • British Citizenship & Naturalisation Solicitors
      • EU & EEA Immigration Solicitors
      • Indefinite Leave To Remain Solicitors
      • Spouse Visa Solicitors
      • Innovator Visa
      • Permanent Residence Solicitors
      • Business Immigration Solicitors
    • Crime & Investigations
      • Crime & Investigations
      • Crime & Investigations Home
      • Crime
      • Fraud & Financial Crime
      • Court Martial Solicitors
      • Motoring Offences Legal Advice
      • Regulatory Investigations & Enforcement
    • Insolvency
      • Insolvency
      • Insolvency Home
      • Business Restructuring & Insolvency
      • Debt Consultancy
      • Insolvency Disputes & Litigation
    • Court Of Protection
      • Court Of Protection
      • Court Of Protection Home
      • Court Of Protection Deputyship
      • Personal Injury Trusts
      • Court Of Protection Problems & Disputes
      • Healthcare and Social Services
      • Court of Protection Frequently Asked Questions
      • Powers Of Attorney Disputes
      • Statutory Wills Solicitors
  • Wealth Management
    • Wealth Management
    • Wealth Management Home
    • Asset Management For Personal Injury
    • Charity & Philanthropy
    • Estate Planning
    • Ethical & Sustainable Investing
    • Financial Planning
    • Intergenerational Wealth Management
    • Investment Management
    • Retirement Financial Planning
    • Family Offices
    • Succession Planning
    • Tax Planning
  • Business
    • Business
    • Business Home
    • Sectors
      • Sectors
      • Sectors Home
      • Agriculture & Rural Business
      • Retail, Leisure & Hospitality
      • Education
      • Financial & Professional Services
      • Landed Estates
      • Manufacturing
      • Real Estate
      • Sport
      • Technology & Communications
    • Banking & Finance
      • Banking & Finance
      • Banking & Finance Home
      • Corporate Banking
      • Leveraged & Acquisition Finance
      • Real Estate Finance
      • Receivables Finance & Asset Based Lending
    • Environmental, Social & Governance
      • Environmental, Social & Governance
      • Environmental, Social & Governance Home
      • Cyber Security
      • Environment
      • Net Zero
      • Social
      • Diversity & Inclusion
      • Governance
      • International
      • ESG Legal Advisory Services
      • Legislation Library
      • Manufacturing Sector
      • Real Estate
      • Retail, Leisure and Hospitality Sector
      • Sports Sector
    • Business Crime
      • Business Crime
      • Business Crime Home
      • Anti-Bribery & Corruption
      • Asset Tracing & Recovery
      • Cartels & Illegal Price Fixing
      • Cybercrime
      • Dawn Raids
      • Deferred Prosecution Agreements
      • Extradition
      • INTERPOL Red Notices
      • Mutual Legal Assistance
      • Private Prosecution
      • Proceeds Of Crime Act
      • Unexplained Wealth Orders
      • Fraud Lawyers
      • Insider Trading & Market Abuse
      • Corporate Internal Investigations
    • Business Immigration
      • Business Immigration
      • Business Immigration Home
      • Business Visitor Visa
      • Global Business Mobility Visas
      • Innovator Visa
      • Prevention Of Illegal Working
      • Skilled Worker Visas
      • Sole Representative Of An Overseas Business
      • UK Visa Sponsor License
    • Commercial
      • Commercial
      • Commercial Home
      • Commercial Contracts
      • Competition Law
      • GDPR & Data Protection
      • Information Technology
      • Sourcing
      • Notary Public Solicitors
    • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution Home
      • Banking & Finance Litigation
      • Business Interruption Insurance Lawyers
      • Contract Disputes
      • Defamation & Reputation Management
      • International & Cross-Border Disputes
      • Commercial Debt Recovery
      • Litigation Funding
      • Professional Negligence
    • Corporate
      • Corporate
      • Corporate Home
      • Corporate Advisory
      • Equity Capital Markets
      • Mergers & Acquisitions (M&A)
      • Private Equity
      • Search Funds and Entrepreneurship Through Acquisition Lawyers
    • Costs Team
    • Employment Law
      • Employment Law
      • Employment Law Home
      • Business Immigration
      • Employment Contracts, Policies & Procedures
      • Disciplinary & Grievance
      • Employee & Industrial Relations
      • Employment Lawyers for Legal Expenses Insurance
      • Employment Litigation & Resolution Lawyers
      • Equality, Diversity & Discrimination
      • Flexible Working Arrangements
      • Health & Safety
      • HR Advice Service - IMhrplus
      • Managing Sickness Absence
      • Pensions
      • Recruitment
      • Restrictive Covenants
      • Restructuring & Redundancy
      • Self Employment, Contractors & Agency Workers
      • Employment Seminars, Training & Updates
      • TUPE
    • In-House Counsel
    • Intellectual Property and Media
      • Intellectual Property and Media
      • Intellectual Property and Media Home
      • Defamation & Reputation Management
      • Brand Accelerator
      • Copyright Lawyers
      • Design Rights Lawyers
      • Image Rights Lawyers
      • Online Marketplace Seller Account Or Listing Suspensions
      • Stopping IP Infringement By Sellers On Online Marketplaces
      • Patent Lawyers
      • Trade Mark Lawyers
      • Trade Secrets Lawyers
    • Legal Helpline
    • Licensing
      • Licensing
      • Licensing Home
      • Betting & Gaming Licensing
      • Event Licences
      • Alcohol Licensing
    • Pensions
      • Pensions
      • Pensions Home
      • Employment
      • Managing Death Benefit Trusts
    • Regulatory & Compliance
      • Regulatory & Compliance
      • Regulatory & Compliance Home
      • Road Transport & Operator Compliance
      • GDPR & Data Protection
      • Regulatory Investigations
      • Account Freezing Orders
      • Anti-Money Laundering
      • Companies House Prosecutions
      • Environment & Safety Regulatory Compliance
      • Financial Services Regulation
    • Real Estate
      • Real Estate
      • Real Estate Home
      • Corporate Occupiers
      • Real Estate Development and Regeneration
      • Construction & Engineering
      • Environmental
      • Real Estate Finance
      • Real Estate Investment
      • Later Living & Care
      • Planning
      • Property Litigation & Real Estate Disputes
      • Real Estate Tax
      • Residential Development
      • Strategic Land
      • Structured Real Estate
    • Restructuring & Insolvency
      • Restructuring & Insolvency
      • Restructuring & Insolvency Home
      • Corporate Insolvency
      • Partnership Insolvency
      • Directors' Duties
      • Restructuring Plans
      • Debt Recovery (up to £100,000) – Pricing
      • Restructuring
    • Tax
      • Tax
      • Tax Home
      • Corporate Tax
      • Real Estate Tax
      • Tax Investigations
  • People
    • People
    • People Home
    • Search By Name
    • Search By Location
    • Search By Expertise
    • Business Management
  • Offices
    • Offices
    • Offices Home
    • Birmingham
    • Brighton
    • Bristol
    • Cambridge
    • Cardiff
    • Chichester
    • Edinburgh
    • Gatwick
    • Glasgow
    • Leeds
    • Liverpool
    • London
    • Manchester
    • Middlesbrough
    • Newbury
    • Newcastle
    • North Yorkshire
    • Nottingham
    • Reading
    • Sheffield
    • Southampton
  • Contact
  • About
  • News & Insights
  • Careers
  • International
Irwin Mitchell Logo
Dialog with Irwin Mitchell phone number
Call us on 0808 291 3524

We're here 24/7, 365 days a year.

  • Home
  • News & Insights
  • Newsletters
  • News in Brief – January 2024

News in Brief – January 2024

We round up the latest employment news.

Revised Code of Practice on requests for flexible working

In July last year we wrote about ACAS’s consultation on its Draft Code of Practice – handling flexible working requests. After considering the feedback received during the consultation Acas has published a revised Code of Practice which includes a few changes to the original document including:

  • recommending that employers discuss with the employee other options if they cannot fully agree to their original request and consider hosting a trial period to access the feasibility of the arrangement
  • removing the need to hold a formal meeting if the employer agrees to the request
  • recommending an expanded list of individuals who can accompany an employee to a meeting (whilst making it clear that there is no statutory right to have a companion present)
  • expressly states that employers don’t have a statutory right to appeal a decision, but that it’s good practice to allow them to do so
  • suggesting that all organizations, regardless of their size, assign a different manager to handle appeals related to flexible working requests
  • removing its previous suggestion that if the request involves adjustments for disability, it should be dealt with separately.

Acas will also produce non-statutory guidance. 

New government guidance on holiday pay and entitlement

The government has published new guidance on changes to the Working Time Regulations which come into force from 1 January 2024. It covers the meaning of irregular hours worker and part-year worker, holiday entitlement for these workers, carry over of leave and holiday pay calculations.

The guidance is not binding on employers or tribunals and contains some errors. 

New government guidance on paying staff tips

The Employment (Allocation of Tips) Act 2023, is expected to come into force on 1 July 2024 and will  create a legal obligation on employers to allocate all tips, gratuities and service charges to workers, without any deductions, and to ensure these are distributed fairly between workers.

To help employers and workers understand the new law, the government has published a Draft code of practice on fair and transparent distribution of tips (the Code). Once approved, the Code will provide guidance to employers to help them to understand and follow the new rules on tips. It applies to all sectors where tips are paid, but will be particularly important in the hospitality sector.

The Code is under consultation and could be tweaked slightly. As currently drafted it explains that: 

  • The legislation applies to all workers, including permanent employees, agency staff, casual workers, and those on zero-hours contracts.
  • Fair allocation and distribution of tips doesn’t necessarily mean that employers must allocate the same proportion of tips to all workers. Legitimate reasons may exist for allocating different amounts.
  • There should be a clear and objective mechanism for distributing tips which should be fair and reasonable, taking into account the circumstances and nature of the employer’s business. Various factors can be considered, such as the type of role, the amount of basic pay, individual and/or team performance, seniority/level of responsibility, length of service, and customer intention. Whatever approach is used must not discriminate against anyone with a protected characteristic. 
  • Measures that the employer puts in place must be transparent and must include a written tipping policy that is regularly maintained and made available to all staff. Accurate tipping records must also be kept for a period of three years.
  • Employers should consult with their staff and seek broad agreement on how tips are distributed and regularly review this approach to make sure that it is working effectively. 

The consultation process has already started and will run for a period of 10 weeks which will end 22 February 2024. You can access the consultation documents and submit your responses here.

Changes to paternity leave

The government is making changes to the way paternity leave operates. It has published draft legislation: Paternity Leave (Amendment) Regulations 2024 which will make the following changes:

  • To give fathers and partners more flexibility, they will be able to take their two weeks leave in two separate blocks of one week (rather than having to take just one week in total or two consecutive weeks).
  • Employed fathers and partners will be able to take this leave within a year of a child’s birth, rather than in the first eight weeks.
  • They have to give 28 days’ notice to the employer prior to taking each period of leave.

The new regulations come into force on 8th March 2024 but only apply to parents where the expected week of childbirth is on or after 6th April 2024, and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after 6th April 2024.

New skilled worker threshold won’t apply to everyone

The government has recently confirmed that the general salary threshold in the Skilled Worker route which is due to increase to £38,700 in April 2024, won’t apply to people who are already in the UK under a Skilled Worker visa, or to those who apply for a visa before the rules change when they change employment, extend their stay or want to settle here. 

Is the tide turning against remote workers?

According to a recent survey conducted by HR technology company Employment Hero, nearly a third of small businesses in the UK wouldn’t look favourably on hiring a candidate who requested to work remotely for two days a week. The study revealed that 22% of employers would be "less inclined" to hire an individual who made such a request during an interview, while 7% considered it a deal breaker. Notably, businesses in the northern regions of England displayed higher levels of scepticism towards remote working requests, with over 40% saying that it would reduce the likelihood of them offering a candidate the job and/or be a decisive factor in their decision. Rising costs, including the planned increase in the national living wage, were also identified as a concern for small and medium-sized businesses.

HMRC urges seasonal workers to check pay rates

HM Revenue and Customs (HMRC) reminded seasonal staff and students employed on short-term contracts in various industries such as shops, hotels, Christmas markets, garden centres, restaurants, and warehouses that they are entitled to receive the same minimum wage rates as permanent workers. The tax office has advised these workers to carefully review their payslips to ensure that they are being paid correctly. HMRC emphasizes that it is important for employers to comply with the legal requirement of providing the minimum wage to all employees, regardless of their employment duration or contract type.

Employers fail to support women with menopausal symptoms

According to a survey conducted by Unite, a staggering 83% of menopausal women aren’t able to access support within their workplaces. The report says that, even where support is available, women often feel uncomfortable discussing their experiences, particularly in male-dominated work environments. They also complain that they are not provided with simple adjustments such as fans for the office or being allowed to take time off to cope with debilitating experiences such as hot flushes.

The union is demanding that employers recognize their responsibilities towards their staff and take action to create menopause-friendly workplaces.

Age discrimination commonplace at work

According to research by the Centre for Ageing Better, 37% of people in their 50’s and 60’s who experienced age discrimination, said that it happens most often at work.

Pay growth slows as vacancies reduce

According to the Office for National Statistics, pay growth is slowing and job vacancies fell 5% in October to December compared with July to September.

Quarter of employees globally ready to jump ship

According to a recent survey report conducted by the Boston Consulting Group, a significant portion of employees worldwide are considering leaving their current roles within the next year. The report highlights that poor management is a major factor driving employees to seek new job opportunities. In the UK, this sentiment is echoed, as 32% of workers expressed dissatisfaction with their managers.

It found that investing in managers is the most critical lever for promoting employee retention. Key line manager qualities valued by staff include those who:

  • create a safe, hazard free working environment
  • accept alternative views/ disagreement
  • are committed to diversity, equality and inclusion.

Largest companies pay gap widens

The pay gap between chief executives and average employees at the UK's largest companies has increased in the past year, despite overall wage growth in the economy. According to data from the High Pay Centre, a think tank focused on pay and employment rights, the average pay differential at FTSE 350 firms was 57 to 1 in 2022, up from 56 to 1 in 2021.The figures also revealed that the pay differential at the largest FTSE 100 companies was even wider, standing at 80 to 1.

These findings indicate that little progress has been made in narrowing the gap between top-earning executives and their employees. The data highlights that over a fifth of FTSE 100 bosses earned 100 times more than their average employee.

Extra nursery places in primary schools

Labour has appointed the former head of Ofsted to conduct a review of the expansion of childcare services. Labour is exploring the idea of creating numerous nursery places within existing primary schools to help working parents.

UK Investors Call for Mandatory Ethnicity Pay Gap Reporting

Leading UK investors want financial institutions to be forced to report their ethnicity pay gaps.  ShareAction, an investment charity, is spearheading this collective effort and has gained support from major backers including Nest, the Church of England Pensions Board, Brunel Pension Fund, Pensionbee, and Ethical Partners Fund Management.


Read more – January 2024

  • The top five employment cases that will shape 2024
  • Should employees be able to express their lawful views at work? Acas gets into murky waters
  • Welcome changes to IR35 rules will introduce set-off mechanism to prevent overpayment of tax
  • Can parties validly agree to settle future employment claims via settlement agreements?
  • Transgender worker loses harassment claim over name change on rota
  • Deliveroo worker status judgment: implications for other employers
  • Listen now: employment law: what's coming up in 2024?

For general enquiries

0808 291 3524

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year

Contact us today

For a free initial consultation

Freephone

0808 291 3524

Prefer not to call?

Use our form

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Jo-Moseley
Jo Moseley Senior Associate Solicitor Meet the team

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

Contact Us

Give us a ring to speak to a member of our team in the strictest confidence. Or you can fill out our contact form and we'll ring you back.

0370 1500 100

Our phone lines are open 24/7, 365 days a year

Get a call back

Fill in your details below and we'll be in touch as soon as possible

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

  • Contact
  • 0370 1500 100
  • Contact Irwin Mitchell
  • Social Media
  • Twitter
  • Facebook
  • YouTube
  • LinkedIn
  • Instagram
  • About Irwin Mitchell
  • About Us
  • Responsible Business
  • Careers
  • Business Management
  • Alumni Programme
  • Pay A Bill
  • Complaints Procedure
  • SRA Regulated
  • Terms & Conditions
  • Accessibility
  • Privacy & Security
  • Hoaxes
  • Modern Slavery Act Statement
  • Manage Cookie Settings

© 2025  Irwin Mitchell LLP

Irwin Mitchell LLP is authorised & regulated by the Solicitors Regulation Authority. Our Regulatory Information

Dialog that contains a form to request a callback.

Request A Callback

Enter your details below and a member of our team will contact you within 24 hours

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.