2024 is set to see a series of employment law changes that will have big implications for workers and HR. 

The changes cover employment rights, flexible working, and holiday pay. There will be greater protection from redundancy for employees who are pregnant or coming back from maternity leave, as well as new rights for those who balance work and caring responsibilities.

Here are five key employment law changes that you will need to prepare for in the coming months.

Flexible Working

From 6 April 2024, The Employment Relations (Flexible Working) Act 2023 means that employees:

• Have a ‘day one’ right to request flexible working (currently it’s 26 weeks).
• Have to be consulted if the employer is considering rejecting their request.
• Can make two requests in a 12-month period (currently it’s only one).
• Must receive a response within two months (it’s currently three).
• No longer have to consider how the employer might deal with the impact of their request.

Paternity Leave

For employees wishing to take paternity leave, where the expected week of childbirth (EWC) or placement for adoption begins on or after 6 April 2024, there have been a couple of important changes to current regulations, as follows:

• Employees can choose to take either a one-week or two-week single period of leave, or two non-consecutive periods of leave of one week each.
• Paternity leave can be taken within 52 weeks of birth.
• Employees still have to give at least 15 weeks’ notice before the baby’s due date or the proposed date for placement in the case of adoption (or if this is not reasonably practical, as soon as possible) of their entitlement to take leave, but they do not have to confirm exact dates until at least 28 days before that period of leave is due to start.

The Carer’s Leave Act 2023

From 6 April 2024, the Carer’s Leave Act will introduce a new and flexible entitlement of five days unpaid leave per year for employees who have a dependant with a long-term care need. As with other types of family-related leave, the employee will be protected from dismissal or any detriment as a result of having taken time off. This applies from the first day of employment and there is no requirement to provide evidence other than self-certification.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023

This legislation will extend the protection for women and new parents against redundancy “during or after” a relevant period of family leave. Under current rules, before making a relevant employee redundant, employers are obliged to offer them a suitable alternative vacancy where one exists in priority to anyone else who is provisionally selected for redundancy. Failure to do so means that any subsequent dismissal would be automatically unfair.

The new protection will apply from the point the employee informs the employer that she is pregnant, whether verbally or in writing, and will end 18 months after the birth. It will also protect new parents returning to work from adoption or shared parental leave for a similar period. The new rules will apply:

• Where the employee notifies their employer of their pregnancy on or after 6 April 2024; and/or
• Where the period of maternity and adoption leave ends on or after 6 April 2024; and/or
• To a period of six consecutive weeks’ shared parental leave starting on or after 6 April 2024.

The Neonatal Care (Leave and Pay) Act 2023

This legislation will allow parents of babies who are admitted into hospital aged 28 days or less the right to leave and pay if the baby is in hospital for a continuous period of 7 days or more. The Act will introduce statutory neonatal leave and pay for up to 12 weeks for parents of babies requiring neonatal care, which must be taken within 68 weeks of birth.

The leave will be available from day one of employment, although statutory neonatal pay will be subject to 26 weeks’ service and earning above the lower earnings limit (currently £123 per week). The introduction of this leave and pay is not expected until April 2025, giving employers time to update their policies and procedures to take account of the new entitlements.

Duty to prevent sexual harassment

In October 2023, the Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent. The Act will:

• Introduce a duty on employers to take reasonable steps to prevent sexual harassment of their employees.
• Give employment tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment.

The Act is likely to come into force in around October 2024. A new statutory code of practice on sexual harassment is expected to be introduced before the new statutory duty comes into effect.

Additional changes

There are also set to be changes that will protect employees undergoing fertility treatment as well as those affected by miscarriage.

Furthermore, some industry-specific changes including amendments to working hours and holiday pay, an overhaul of law on tips and gratuities, better terms for workers on zero-hours contracts, and legislative changes around pensions and taking strike action.

How will these changes affect my business?

For current Fox HR clients, you won’t need to lift a finger. Your policies and procedures will be updated as and when required, and I’ll speak to you about anything that might specifically affect you.

If we’re not currently working together, don’t panic! 😉 If you are worried about how any of these employment law changes might affect your business, get in touch today and let’s put your mind at ease.

Hat tip 🎩 to Taylor Walton Solicitors for some of the wording in this newsletter. 😊