Page 46 - Real Rochdale Issue 17 Spring 2023
P. 46

legal 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                        Protection from Redundancy          DIGITAL REGULATION
                                                                                                                                                                   (Pregnancy and Family
                                                                                                                                                                   Leave) Bill
                                                                                                                                It promises to be a busy 2023      This will extend the rights of     Difficult challenges lay ahead
                                                                                                                                in this sector:                    protection from redundancy         for legislators to create a
                                                                                                                                                                   for women during, or after, a      regulatory framework that
                                                                                                                                Retained EU Law (Revocation        protected period of pregnancy.     is flexible enough to adapt
                                                                                                                                and Reform) Bill                                                      to constantly evolving
                                                                                                                                If the government does             Carer’s Leave Bill                 technology. Businesses in turn
                                                                                                                                not extend the deadline,           This will entitle employees        will need to quickly get to
                                                                                                                                key protections under the          providing or arranging care        grips with understanding and
                                                                                                                                Working Time Regulations           to one week’s unpaid leave         implementing new regulations.
                                                                                                                                1998, such as hours, rest          per year, and protection from
                                                                                                                                breaks and holidays could be       dismissal, when taking time off.   Significant pieces of
                                                                                                                                affected.                                                             legislation concerning EU
                                                                                                                                                                                                      digital regulation to come into
                                                                                                                                Worker Protection                                                     force include:
                                                                                                                                (Amendment of Equality Act          intellectual property
                                                                                                                                2010) Bill                                                            Digital Markets Act
                                                                                                                                This will create a statutory                                          This aims to prevent
                                                                                                                                duty requiring an employer to      The Unified Patent Court           gatekeepers from imposing
                                                                                                                                prevent sexual harassment of       (UPC) should open on 1             unfair conditions on
                                                                                                                                employees and workers and          June 2023. The UPC will be         businesses and end users and
                                                                                                                                also makes the employer liable     important for UK companies         at ensuring the openness of
                                                                                                                                for the harassment committed       wanting their IP rights            important digital services.
                                                                                                                                by third parties; e.g.  service    protected throughout Europe.
                                                                                                                                users, customers and clients.                                         Digital Services Act
                                                                                                                                                                   It is vital that businesses        This aims to provide clearer
                                                                                                                                Employment Relations               holding European patents, or       and more standardised rules
                                                                                                                                (Flexible Working) Bill            those that carry out business      for digital content.
                                                                                                                                Employees will have the right      in Europe understand the
                                                                                                                                to request flexible working        implications of the UPC as         Online Safety Bill
                                                                                                                                from day one of their              well as the opportunities it       This aims to improve internet
                                                                                                                                employment.                        presents.                          safety.


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