Changes in Employment Law for 2024: Are You Prepared?

Employment law is constantly changing.   Here is a summary of this year’s changes:

Flexible Working – coming into effect 6 April 2024

New flexible working rights means many employees will have more flexibility over where and when they work.

There will no longer be a requirement for 26 weeks continuous service before making a flexible working request.  Employees will now be able to make a request from day one of starting work.  This includes request for flexi-time, part-time, term-time and compressed hours and varied working locations.  They can make up to 2 requests within a 12 month period.

Employers must respond within 2 months (reduced from 3 months unless otherwise agreed) and can no longer refuse a request unless the employee has been consulted.

In view of the changes coming into effect, employers should do the following:

• review their flexible working policy so that it reflects the changes; 

• train managers in how to handle flexible working requests in light of the changes;

• plan communications to reflect the changes; and

• seek advice if uncertain how to deal with flexible working requests.

Carers Leave – coming into effect 6 April 2024

This is a day one right (from day one of an employee's employment) which allows an employee who has dependents with a long term care need to take one week unpaid leave to provide care or arrange care in each 12 month rolling period.

They will be able to take this leave flexibly (half days or whole days up to a block of one week) but are required to give a minimum amount of notice.  Employers cannot refuse a request but can postpone it if it would seriously disrupt business operations.

Employers need to incorporate this into their family friendly policies and procedures, communicate the changes and again ensure their managers are trained in how to handle carers leave requests.

Statutory neonatal care leave – expected to come into force October 2024

There is currently no specific statutory right to leave or pay for employees if their baby requires specialist neo natal care after birth.  Fathers and partners who are only eligible for paternity leave may exhaust their paternity leave if their baby is in neonatal care for an extended period.  The new Neonatal Care Act aims to address this issue. Employees with babies in neonatal care can request up to 12 weeks of neonatal leave (in addition to any other leave they may be entitled too).  This is a day one right. If your employee is eligible you will need to pay them for this leave which is at the same rate as you would pay for maternity pay.

Employers should be prepared to incorporate this into their family friendly policies and procedures and think about how these changes will be rolled out in terms of communication to staff and training for managers.

Pregnancy and maternity leave- extending redundancy protection – coming into effect 6 April 2024

Employees on maternity, shared parental or adoption leave already have the right to be offered any suitable alternative vacancy in a redundancy situation.  This gives those employees on these type of leave priority to redeployment opportunities over other redundant employees. 

The new legislation provides for even greater protection against redundancy during pregnancy and for those who have recently returned from maternity, adoption or shared parental leave.  It applies from the moment the employee informs their employer that they are pregnant.  The protected period can extend to 18 months.  During the protected period, employees have the right to be offered suitable alternative employment in a redundancy situation. 

Note that this does not protect employees from being made redundant simply priority to suitable alternative roles, if any are available, during the protected period.  Also it is interesting to note that whilst the new legislation will offer protection to those on shared parental leave, those on paternity leave are not afforded this same protection.

Employers need to seriously consider these changes if they are planning to restructure after April 2024.  Managers will need to ensure that they take account of the extended protection period if they are implementing a redundancy process and depending on the size of the employer, it could prove potentially tricky with increased numbers afforded this protection.  It is therefore important to seek advice if uncertain.

A new right to expect a more predictable working pattern – expected to come into force September 2024

This new right means that workers with unstable or unpredictable working hours, can legally ask for a more predictable working pattern.  It is not explicitly defined but includes number of hours worked, the days of the week, the times worked on those days and the period they are  contracted to work.  Whilst most requests will come from people in causal work or zero hour contracts, it could apply to anyone whose working pattern creates uncertainty for them.

Other changes expected in 2024

• National living wage extends to 21 year olds  and all rates increase.

• Ban on withholding tips from workers (relevant to the hospitality sector).

• Proactive duty to prevent sexual harassment at work.

• Holiday entitlement for irregular hours workers and part time workers calculated at 12.07% of hours worked.

• Rolled up holiday pay allowed for irregular hours workers and part-time workers.