Current rateRate from 1 April 2023
National Living Wage (23+)£9.50£10.42
21-22 Years£9.18£10.18
18-20 Years£6.83£7.49
16-17 Years£4.81£5.28
Apprentice rate£4.81£5.28
Accommodation Offset£8.70£9.10

These new rates follow the recommendations made to the Government by the Low Pay Commission, which were accepted in full. An increase of 9.7% to the National Living Wage means that it is on track to meet the Government’s target of two-thirds of median earnings by 2024.

Ban on exclusivity clauses

The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) regulations 2022 will come into force on 5 December 2022.

These new regulations extend the current restrictions on the use of exclusivity terms in zero hours contracts, to low income workers (those earning at or below the lower earnings limit, currently £123 per week). Exclusivity terms are defined as any contractual term which prohibits a worker from doing work or performing services under another contract or arrangement, or which prohibits a worker from doing so without their employer’s consent.

Employees will be protected from unfair dismissal if they breach an exclusivity clause in their contract, and workers will be protected against any detriment.

Draft guidance on workers’ health

The Information Commissioner’s Office (ICO) has published new draft guidance on information about workers’ health. This follows previous draft guidance on monitoring at work, which was published earlier in October (see last month’s news roundup).

Health information is some of the most sensitive personal information that employers will process about their workers. This new draft guidance includes information about the lawful basis for processing health data, data minimisation, transparency and retention. It provides detailed guidance on carrying out impact assessments (DPIAs), data sharing, security and automated decision making, and covers topics such as sickness records, occupational health, medical examination, genetic testing and health monitoring.

The draft guidance is open for consultation until 26 January 2023.

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