Throughout 2024 we are set to see significant changes in the UK employment law landscape, impacting both employers and employees across all sectors.
Family Friendly updates
Flexible Working rights: From 6th April all employees will have the statutory right to request flexible working from their first day of employment, as opposed to the previous 26-week waiting period. Employers will be required to respond to requests within a two month time frame (reduced from three months), ensure employees are consulted with and provide a reasoned decision if denying a request.
Employees will be able to request flexible working patterns twice in a 12 month period, as long as there is no overlap with applications and they will no longer have to detail the effect of their proposed changes on the business, or how it will be overcome.
Carers Leave: With effect from 6th April, the new Carer's Leave Act 2023 will come into force. This will grant employees a day one right to one week of unpaid leave each year to care for dependents with long-term care needs, enhancing support for unpaid carers.
Paternity Leave: For any leave taken from 6th April, employees will also be able to take this in two separate one week blocks at any time in the first year after birth / adoption (previously 8 weeks). Fathers will be required to give 28 days' notice before each period of leave.
Protection from Redundancy: The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 grants additional redundancy protection to pregnant employees and those returning from maternity or adoption leave, as well as shared parental leave, for up to 18 months post-birth/adoption. This is an extension to the provisions already in place for those on maternity leave requiring employers to offer suitable alternative vacancies to those employees who are at risk of redundancy.
Bullying and Harassment in the workplace
Prevention of Sexual Harassment: From October 2024 the Worker Protection (Amendment of Equality Act 2010) Act 2023 imposes a new duty on all employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.
Future developments: The Bullying and Respect at Work Bill is currently making its way through Parliament. It is hoped that this legislation will provide a statutory definition of bullying at work and if it becomes law, the Act will require businesses to set up formal procedures for reporting and investigating bullying.
It will also enable claims of workplace bullying to be heard by an employment tribunal, introduce a Respect at Work Code and give powers to the Equalities and Human Rights Commission (EHRC) to take enforcement action should they investigate and find evidence of a culture of, or multiple incidents of bullying.
Other notable updates
National Minimum and Living Wage levels will increase substantially from 1st April. Rates will vary based on age groups, with the most notable raise for individuals aged 21 and over.
The following new rates will apply:
- National Living Wage (21 and over): £11.44
- 18-20 years: £8.60
- 16-17 years: £6.40
- Apprentice rate: £6.40
- Accommodation offset: £9.99.
Holiday Leave and Pay: For any annual leave years starting on or after 1st April 2024, new rules will allow holiday accrual and pay to be calculated at 12.07% (based on the statutory minimum entitlement) for irregular hours or part year workers. Otherwise known as rolled up holiday pay, this is the method where holiday pay is included in a worker's hourly rate, rather than being paid when they take their leave.
In addition to this, the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 includes express reference to the permitted carry over of leave and sets out what must be included in holiday pay, as previously referenced in case law.
Streamlined TUPE consultations: The need to elect employee representatives will be removed for transfers that occur after 1st July 2024 in the following situations:
a) Where a business or organisation has less than 50 employees b) Where a business or organisation of any size is involved in a transfer of less than 10 employees.
Employers in these circumstances will be able to consult directly with affected employees.
Tips: The Employment (Allocation of Tips) Act 2023 is set to be introduced in July 2024 – providing clear rules on the payment and distribution of tips, gratuities and service charges. It will ensure that employees will receive a fair allocation of all "qualifying tips, gratuities or services charges" by no later than the end of the month following the month in which the tip is paid. Employers will be required to have in place a written policy in place setting out the arrangements. A Code of Practice will be published shortly.
Requests for predictable working patterns: The Workers (Predictable Terms and Conditions) Act 2023 gives workers and agency workers a statutory right to request a predictable working pattern. This is likely to come into force as of September this year and a Code of Practice on handling requests will be released in due course.
Impact on Employment Documentation
Employers and employees alike must stay informed about these changes to ensure compliance and to understand their rights and obligations under the new laws.
It's advisable for HR professionals and organisations to review and update their policies, contracts, and practices in light of these changes. Engaging with legal advice and employment law specialists may be beneficial to navigate these updates successfully and to ensure all employment documentation remains compliant.
This article was written by Becky Edwards, Head of Advice and Documentation at Wirehouse Employer Services