Employment law is ever changing but even by normal standards, 2024 looks to be a year of significant change.
In an effort to keep employers up to date and well prepared for the incoming changes, we have set out below what we hope to be a useful summary of the changes, when they are expected to come in and what action needs to be taken to address said changes.
Reforms to the Working Time Regulations 1998 – ‘rolled-up holiday pay’
When?
This will apply to holiday years beginning on or after 1st April 2024.
What’s changing?
- ‘Rolled-up’ holiday pay (the practice whereby the employer pays a worker an additional amount on top of their normal hourly rate of pay, with the additional amount intended to represent holiday pay, instead of the worker taking the time off at the time you receive the payment) now becoming legal for irregular hours and part year workers ; and
- Employers will be able to pay irregular and part-year workers ‘rolled-up’ holiday pay at the rate of 12.07% of the hours worked in a pay period.
Actions to be taken?
Update your policies/contracts for irregular and part-year workers to reflect this, and ensure that when holiday pay is paid, this is itemised as ‘rolled up holiday pay’ on payslips to ensure it is clear and transparent.
The new Employment Relations (Flexible Working) Act 2023
When?
This will come into force from 6th April 2024
What’s changing?
- employees will have the right to make a flexible working request from day 1 of their employment, rather than from 26 weeks of their employment;
- employees will be able to make 2 flexible working requests in a year rather than 1;
- employers must respond to requests earlier, within 2 months. Extensions can be agreed, however;
- employers must consult with their employee before turning down a request; and
- employees will no longer be required to consider how the request would impact their employer.
Soon, there will be an updated ACAS statutory code of practice on handling requests for flexible working. Once this has been released, we shall update you further.
Actions to be taken?
Update your flexible working policies to reflect this and deal with any flexible working requests from 6th April 2024 with this in mind. We will update your staff handbook and policies for you.
The new Paternity Leave (Amendment) Regulations 2024
When?
This will come into force from 6th April 2024
What’s changing?
- Employees will be able to take their two-week paternity leave entitlement in two separate one-week periods. Currently, they are only able to take one week in total or two consecutive weeks;
- employees will be able to take paternity leave at any time in the 52 weeks after birth, rather than within the 56 days following birth; and
- employees will only need to give 28 days’ notice of their intention to take paternity leave, before it was 15 weeks before the expected week of childbirth.
Actions to be taken?
Update your paternity leave policy. We will do this for you.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023
When?
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is due to come into force on 6th April 2024.
What’s changing?
Currently, all employees on maternity/adoption/shared parental leave have enhanced protections in redundancy situations. The new act will now expand this, meaning that all pregnant employees will also enjoy these enhanced protections from the moment they notify their employer of their pregnancy, right through to 18 months after childbirth.
Actions to be taken?
A review of your staff handbook will be required to ensure compliance in redundancy situations. Seek advice from us in any situation involving the potential redundancy of a pregnant employee or one that is within the 18 month period after birth.
The Carer’s Leave Act 2023
When?
This will come into force from 6th April 2024
What’s changing?
- Employees will now be allowed 1 week of unpaid Carer’s leave per year;
- this is a ‘day 1 right’ with no minimum service requirement;
- it is a statutory leave entitlement, meaning that an employee cannot be disadvantaged for using their carer’s leave; and
- Employees must only take this to provide or arrange care for a dependant with a long-term care need
Actions to be taken?
Add a ‘Carer’s Leave Policy’ to your staff handbook and policies. We will do this for you.
Changes to the National Minimum Wage and National Living Wage
When?
This will come into force from 1st April 2024
What’s changing?
- The national minimum wage hourly rates are increasing; and
- employees aged 21 and over will be entitled to the National Living Wage, before it only applied to employees aged 23 and over
The increased rates can be found here, which detail the increases in pence and percentage – https://www.gov.uk/government/publications/minimum-wage-rates-for-2024
Action to be taken?
Ensure that you apply these pay rises across the board at your company. Do seek advice from us if needed.
Autumn 2024
Later this year we will see some more changes to employment law.
We are expecting the introduction of the duty to prevent sexual harassment to be implemented in October 2024, when The Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. All employers will have the duty to take ‘reasonable’ steps to prevent sexual harassment of employees.
We are also expecting new legislation to change the law surrounding ‘non-compete clauses’ in contracts. Essentially, they will only be allowed to apply for three months post-termination.
We are waiting for further information and will be in a better position to advise on these later on in the year.
How we can help you
As above, we will be updating your staff handbook and policies.
