From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.
There are several legislative changes on the horizon for employment law in 2024 which seek to make the workplace fairer. The following are some of the key pieces of legislation coming into force, as well as the dates for enactment.
Family-focused changes
2024 will see two pieces of new legislation (and a third set for 2025) aimed at making the workplace fairer for families.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023
Coming into force on 6 April 2024, this Act expands the current laws protecting pregnant employees or those on, or returning from, maternity/adoption/shared parental leave facing redundancy.
Employment law 2024
Date set for new family-friendly regulations
Neonatal leave and parents’ redundancy protection bills become law
Currently, employees on maternity/adoption/shared parental leave have enhanced protections in redundancy situations, including the right to be offered a suitable alternative vacancy over other employees at risk, if one is available.
The Act expands this protection to include pregnant employees, from the moment they notify their employer of their pregnancy, through to 18 months after childbirth.
Carer’s Leave Act 2023
Also coming into force on 6 April, this Act will grant a new entitlement of one week of unpaid leave annually for employees who care for dependants with long term needs. This right to leave will be available to all employees from day one of employment. “Long term needs” is defined as:
- Anyone with a condition that meets the definition of disability under the Equality Act 2010;
- Illness or injury (physical or mental) that requires or is likely to require care for more than three months, or;
- Old age.
The Neonatal Care (Leave and Pay) Act 2023
Enacted in 2023, the Neonatal Care (leave and pay) Act is expected to come into force in April 2025. The Act will grant parents of new born babies who are hospitalised in their first 28 days of life for 7 days or more, the right to take neonatal leave and pay for up to 12 weeks.
This new legislation ensures that parents are able to spend more time with their babies who are having crucial care, without the worry of taking unpaid leave or returning to work. Parents who take neonatal leave and pay are also entitled to return to the same job after their period of absence.
Protection from harassment
The Worker Protection (Amendment of Equality Act 2010) Act 2023
Coming into force in October 2024, this piece of employment law will amend the Equality Act 2010 to introduce a duty on employers to take “reasonable steps” to prevent sexual harassment of their employees. This means that employers will have a new, proactive duty to prevent sexual harassment in the workplace and the aim of this legislation is to place greater responsibility on employers to make their workplaces safer for all staff.
The legislation will be supplemented by a new statutory code of practice which is being produced by the Equality and Human Rights Commission.
Where sexual harassment cases reach the employment tribunal, tribunals will have the power to uplift compensation by up to 25% if an employer is found to have breached this new duty, i.e. where they tribunal considers that they failed to take “reasonable steps”.
This piece of legislation is certainly one to watch, particularly as case law develops, in determining what “reasonable steps” might be.
Flexible and predictable working
Employment Relations (Flexible Working) Act 2023
Flexible working
Employees unaware of new flexible working rights
HR and recruitment is best sector for flexibility
Under the Act, employees will have the right to request flexible working from day one of employment (rather than after 26 weeks which is the position currently). Regulations implementing this particular change were laid before Parliament on 11 December and will come into force on 6 April 2024.
Employees will also be able to make two requests in any 12-month period, up from one. Employees will no longer have to explain the effect of the change requested, as they do currently, and employers will have to make a decision on a request within two months (rather than three).
The changes are aimed at making flexible working more accessible for employees, though the reasons why an employer can lawfully refuse a request remain unchanged.
The Workers (Predictable Terms and Conditions) Act 2023
To increase protections for workers, this Act is aimed at increasing certainty for gig economy workers around their working patterns, by introducing a right for workers and agency workers to request more predictable terms and conditions of work.
Holiday pay, working time and TUPE
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
Aimed at trying to streamline and simplify the law in these areas, the regulations will impact holiday pay and annual leave, working time and rights/obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
In respect of holiday pay and annual leave; the regulations will make rolled up holiday pay (at an accrual rate of 12.07%) lawful for workers with irregular hours or part-year workers. The aim is to make it easier for employers to calculate holiday entitlement for such workers, and to ensure that worker holiday entitlement better reflects the hours they work across a year.
Previously, this was calculated by way of a reference period which may not be practical in many cases where hours and periods of work can be so variable. Employers will now have discretion to choose whether to calculate holiday entitlements by way of a reference period or by applying a rate of 12.07% to the workers’ earnings during any pay period.
The regulations also reaffirm various pieces of retained EU law following Brexit.
On working time, the regulations remove the requirement for employers to keep records relating to working hours and rest periods. However, as employers will need to demonstrate compliance with the regulations in other ways, it is not clear at present what the real impact of this change will be. The aim of these changes however is to reduce reporting requirements for employers which the government considered “time consuming”.
Briefly on the changes affecting TUPE, the regulations allow businesses with either less than 50 employees, or transfers involving less than 10 employees, to consult with employees directly, and not undertake collective consolation as part of the transfer process. This change aims to streamline the TUPE transfer process, where small transfers are taking place.
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