Category: News
A summary of recent and forthcoming changes in employment law that employers need to be aware of.
Changes to Paternity Leave as of 8 March 2024
Paternity Leave (Amendment) Regulations 2024 For babies born on or after 6 April 2024,
Eligible employees will now be able to split their 2-week statutory paternity leave into two separate week-long blocks and these weeks may be taken in the 52 weeks following the birth or placement for adoption.
National Minimum Wage rates as of 01 April 2024
From this date, workers aged 21 and over will be entitled to the National Living Wage. Previously this rate applied to those workers 23 and over.
The new 2024 rates are as follows:
- Workers aged 21 and over: £11.44 an hour (National Living Wage)
- Workers aged 18 – 20: £8.60 an hour.
- Under 18: £6.40 an hour.
- Apprentice rate: £6.40 an hour.
Statutory family leave payments maternity, adoption, paternity, shared parental, parental bereavement and sick pay rises from 7 April 2024
Statutory maternity, adoption, paternity, shared parental, and parental bereavement pay rises from £172.48 to £184.03 a week.
Statutory sick pay rises from £109.40 to £116.75 per week.
Carers’ Leave from 6 April 2024
Carers’ Leave Act 2023 Carers are now entitled to take up to one week of unpaid leave in order to provide or arrange care for a dependent with a long term need. No qualifying service is needed to take the leave and the leave is available in any 12-month period and may be taken as full days, or half days, or in one block subject to relevant notice requirements.
The right to request flexible working is now a day one right from 6th April 2024
Employment Relations (Flexible Working) Act 2023 has made the right to request flexible working a day one right for employees. Previously employees needed 26 weeks’ service to make a request. In addition, two requests per year may be made. Previously this was restricted to one request. In addition, there is a requirement to consult with the employee before rejecting a request, and all requests must be dealt with within a two-month timeframe. Employees will also no longer be required to set out the likely effects on the business that their request may have.
Protection from Redundancy for new and expectant parents from 6th April 2024
Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is introduced to include, where there is a prospect of redundancy for pregnant women and those on maternity, adoption or shared parental leave, employees are entitled to be offered suitable alternative employment where a vacancy exists. This protection will start from when an expectant mother, or those adopting a child or taking shared parental leave, notifies their employer of their pregnancy, match for adoption or intention to take shared parental leave and is now extended until 18 months after the birth of the child.
Holiday pay for workers without fixed hours from 1 April 2024
For irregular hours and part-year workers, holiday pay may now be calculated at the rate of 12.07% of actual hours worked during the pay period (with holiday pay being issued at the time leave is taken), or using ‘rolled-up holiday pay’ (RHP) as an additional 12.07% payment per actual hours worked (and no subsequent pay when leave is taken).
It is worth noting that the guidance on when these methods may be used are limited to those workers whose hours of work are wholly or mainly variable in each pay period, therefore these methods are only likely to apply in limited circumstances such as casual workers, or zero hours contracted employees. These methods may only be used for leave years commencing on or after 1 April 2024.
And what’s in the pipeline . . . .
Businesses or services affected by the Transfer of Undertakings (Protection of Employment) Regulations
Where a business is sold, or a service transfers from one service provider to another, and it is identified that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) Regulations apply to their employees, from 1 July 2024 the Retained EU Law (Revocation and Reform) Act 2023 will now remove the requirement to consult with elected employee representatives for businesses with fewer than 50 employees and transfers affecting less than 10 people allowing businesses to consult directly with affected employees.
Allocation of tips
For tips, gratuities and service charges which are paid by customers, under the Employment (Allocation of Tips) Act 2023, from 1 July 2024 businesses will have a legal obligation to allocate these fairly. This will apply where businesses have received the tip under their control and where they have significant influence in how it is distributed.
Tips must be paid no later than the end of the month following the month the tip was paid by the customer.
A written policy on tip allocation must also be produced along with keeping records of tip allocations for three years.
Requesting predictable working patterns
From 1 September 2024, the Workers (Predicable Terms and Conditions) Act 2023 will come into effect. This will give all employees and workers (including agency and zero hours workers) the right to formally request a more stable working pattern. The new right will be available to those who have worked for their employer for 26 weeks (not necessarily continuously), are on work patterns that lack certainty in the hours and time they work, are on fixed term contracts of fewer than 12 months’ duration.
Workers will be able to make two requests a year. Employers will be able to refuse requests on specific grounds, such as the additional costs involved or a lack of work at the times requested.
There will also be an ACAS statutory code on how requests should be dealt with.
Duty to stop sexual harassment
From the 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into effect and places a duty on employers to take measures to prevent sexual harassment of their employees taking place.
Employees will be able to make a complaint directly to the EHRC (Equality & Human Rights Commission) without having to complain to their employer first.
The duty means employers will need to be able to explain and prove the reasonable steps they have taken to prevent sexual harassment taking place.
Neonatal Care
The Neonatal Care (Leave and Pay) Act 2023 will come into effect in Spring 2025. It will allow parents whose babies need hospital neonatal care to take 12 weeks’ leave. The right will be available from day one of employment. Employees with 26 weeks’ service would be entitled to neonatal care pay during that period. This doesn’t affect any entitlement to statutory maternity, adoption, paternity or bereavement leave. it will apply to parents whose babies are admitted to hospital up to the age of 28 days and will apply to babies who need to stay in hospital for 7 days continuously or more.