Employment law update: September 2023

In this article we take a look at some of the key legislative updates and other developments in employment law so far this month.

National Minimum Wage exemption for domestic workers to be repealed

The draft National Minimum Wage (Amendment) (No.2) Regulations 2023 have been laid before Parliament. The Regulations will remove the exemption from the national minimum wage that currently applies to domestic workers who live in the employers’ family home and are treated as members of the family. An exemption will continue to apply to actual members of the family in respect of domestic duties where the worker resides at home.

The Regulations are expected to come into force on 1 April 2024.

Employment Appeal Tribunal (EAT) Procedural Rule Changes

The Employment Appeal Tribunal (Amendment) Rules 2023 were made on 4 September 2023 and come into force on 30 September 2023.

These amendments:

• remove the requirement for an appellant to provide a copy of the ET1 and ET3 with the Notice of Appeal,
• give the EAT the discretion to extend the time limit for submitting an appeal where an appellant has made a minor error in respect of the requirement to include relevant documents.

There are also minor amendments to the EAT forms.

CIPD’s new guide on workplace transgender and non-binary diversity, equity and inclusion

On 5 September 2023, the CIPD published new guidance on transgender and non-binary diversity, equity and inclusion in the workplace.

The guidance includes:

• advice on maintaining dignity and respect, providing day-to-day support for transgender and non-binary workers, how to effectively draft a diversity, equity and inclusion (DEI) policy, and how to best deliver DEI training;
• an explanation of the specific challenges transgender and non-binary people experience from recruitment onwards, with suggestions on how to attract transgender and non-binary candidates;
• guidance on how to support a transitioning worker, how to deal with transgender and non-binary workplace conflict, and data management issues;
• a guide to key terminology is included, and appendices list key employment cases for employers to be aware of, guidance on using inclusive language and transitioning at work action plan prompts.

The guidance follows previous CIPD research which revealed that more than 40% of LGB+ and 55% of trans workers had experienced discrimination, physical or sexual assault in the workplace in the previous 12 months.