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Spring 2023Legal changes ahead for businesses

Molesworths Bright Clegg employment solicitor, Adam Salkie and trainee solicitor, Katy Dunn reflect on the law and business in 2023 and consider just some of the changes that could be afoot.

Always mindful of Casey Stengel’s warning to “Never make predictions, especially about the future,” let’s take a look at what 2023 could mean for business by way of legal changes.

Underpinning things in 2023 will be the Retained EU Law (Revocation and Reform) Bill. Time will tell whether the government extends the deadline for this, because if not, the majority of retained EU law will expire on 31 December 2023.

Employment

It promises to be a busy 2023 in this sector:

Retained EU Law (Revocation and Reform) Bill
If the government does not extend the deadline, key protections under the Working Time Regulations 1998, such as hours, rest breaks and holidays could be affected.

Worker Protection (Amendment of Equality Act 2010) Bill
This will create a statutory duty requiring an employer to prevent sexual harassment of employees and workers and also makes the employer liable for the harassment committed by third parties; e.g. service users, customers and clients.

Employment Relations (Flexible Working) Bill
Employees will have the right to request flexible working from day one of their employment.

Protection from Redundancy DIGITAL REGULATION (Pregnancy and Family Leave) Bill
This will extend the rights of protection from redundancy for women during, or after, a protected period of pregnancy.

Carer’s Leave Bill
This will entitle employees providing or arranging care to one week’s unpaid leave per year, and protection from dismissal, when taking time off.

Intellectual property

The Unified Patent Court (UPC) should open on 1 June 2023. The UPC will be important for UK companies wanting their IP rights protected throughout Europe.

It is vital that businesses holding European patents, or those that carry out business in Europe understand the implications of the UPC as well as the opportunities it presents.

Digital regulation

Difficult challenges lay ahead for legislators to create a regulatory framework that is flexible enough to adapt to constantly evolving technology. Businesses in turn will need to quickly get to grips with understanding and implementing new regulations.

Significant pieces of legislation concerning EU digital regulation to come into force include:

Digital Markets Act
This aims to prevent gatekeepers from imposing unfair conditions on businesses and end users and at ensuring the openness of important digital services.

Digital Services Act
This aims to provide clearer and more standardised rules for digital content.

Online Safety Bill
This aims to improve internet safety.