# How can the government update the official workplace guidance if new laws are passed?

- Jurisdiction: United Kingdom
- Practice area: Employment Law
- Published: 2026-11-02
- Last updated: 2026-11-02
- Canonical: https://lawasked.com/uk/employment-law/how-can-government-update-official-workplace-guidance-if

## Question

I am currently working as a supervisor in a retail shop in Manchester, England. Over the last few months, I have been following the official government code of practice regarding how employers should handle certain workplace disputes to ensure everything is done by the book. However, I noticed on a news programme last Tuesday that the government is planning to introduce some new statutory rules that might change how these disputes are managed. My manager mentioned that the old guidance might become outdated because of these upcoming changes. I have already spent several hours reading through the current handbook provided by my company, but I am confused about how the official government rules actually get updated to match these new laws. If the Secretary of State decides to change the guidance to make it fit with the new legislation, what is the actual process they have to follow? Do they just release a new version immediately, or is there a specific procedure involving Parliament that they must complete before the new rules become official? I want to make sure I am following the most recent and correct version of the guidance once these changes happen.

## Summary

No, the Secretary of State cannot just release a new version immediately. There is a specific legal procedure involving Parliament that must be followed to ensure the updated guidance matches the new laws.

## Analysis

For your situation in Manchester, the government cannot simply swap out the old guidance for a new version overnight. Because the new statutory rules you heard about are "subsequent statutory provisions"—meaning laws made by Parliament that come into force after the current code was issued—the Secretary of State must follow a specific revision process [1].

To bring the guidance into line with the new laws, the Secretary of State must perform a "consequential revision" [1]. This means they make changes to the existing code to fix errors or remove parts that are no longer useful because of the new law [1].

The actual procedure is as follows:

First, the Secretary of State must propose the changes. If they do this, the Secretary of State "must lay a draft of the revised code of practice before each House of Parliament" [1]. This means they must formally present the proposed new rules to both the House of Commons and the House of Lords for them to look at.

Second, Parliament has a chance to stop the changes. There is a window of time where Parliament can object. The law states that "If within the period of 40 days... either House so resolves, no further proceedings are to be taken thereon" [1]. This means if either House of Parliament votes to reject the draft within 40 days, the update is blocked. Note that this 40-day countdown pauses if Parliament is dissolved or on holiday [1].

Finally, if Parliament does not reject the draft within that timeframe, the Secretary of State can issue the new code. The new rules will then "come into effect on such day as the Secretary of State may by regulations appoint" [1]. This means the official start date is decided by the government through specific legal orders.

State, provincial, or local law may add further rules, so you should check specific local employment regulations if applicable.

## Statutory citations

- Employment Rights Act 1996, Section 27R - Consequential revision of code of practice [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/27R)
  > the Secretary of State must lay a draft of the revised code of practice before each House of Parliament
- Employment Rights Act 1996, Section 27R - Consequential revision of code of practice [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/27R)
  > If within the period of 40 days... either House so resolves, no further proceedings are to be taken thereon

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