Employment Law Changes in 2024
There are multiple updates to UK employment law happening now and through the year. Is your business ready? Are you compliant?
Here is a run down of the key changes and when they are coming into force, followed by details of each of the changes and what actions you may need to take for your business.
1. Employment Rights (Amendment, Revocation & Transitional Provision) Regulations 2003
There are changes to various elements of this.These are detailed below: Holiday, TUPE, National Minimum / Living Wage Increase and Tribunal Rates & Limits.
HOLIDAY
1st January 2024
- Now only need to keep “adequate” records to show compliance with 48-hour working week & night work under WTR.
- Carry-over provisions codified
- “Normal Remuneration” provisions codified
- COVID-19 holiday carry-over rules repealed (with a short transitional period to enable any accrued leave to be used by 31 March 2024).
1st April 2024
- Introduction of method of holiday accrual for irregular-hours and part-year workers based on 12.07% of the hours worked in the previous pay period. For workers on sick leave or other family-related leave, accrual will be based on average working hours over a 52-week reference period.
- Rolled-up holiday pay permitted for irregular-hours and part-year worker (for leave years starting after 1 April 2024.)
TUPE
1st July 2024
- Requirement to elect employee representatives for employers with fewer than 50 employees and employers of any size involved in a transfer of fewer than ten employees removed.
- The employer will be able to consult directly with employees, where no existing employee representatives are in place.
NATIONAL MINIMUM/LIVING WAGE INCREASE
1st April 2024
- 21 and over: £11.44 (from £10.42). The age has also been reduced to 21 years (rather than the previous 23 years) old and over
- 18 to 20: £8.60 (from £7.49)
- Under 18: £6.40 (from £5.28)
- Apprentice: £6.40 (from £5.28)
TRIBUNAL RATES & LIMITS
6th April 2024
The following rates will increase:-
- The cap on a weeks’ pay will increase from £6434 to £700
- The maximum compensatory award for unfair dismissal increases from £105,707 to £115,115
- The minimum basic award for certain unfair dismissals (including H&S) increases from £7,836 to £8,533
2. The Flexible Working (Amendment) Regulations 2023
6th April 2024
- Right to request flexible working becomes a day one right.
- Employee can make up to two applications per 12-month period.
- Employee no longer has to explain effect & how this can be dealt with
- Must be consultation prior to any refusal
- Employer must respond within 2 months.
Find Out More
For more information about flexible working legislation changes and what actions you could consider, read my recent blog post
3. Carer’s Leave Regulations 2024
6th April 2024
- Introduces a right to 5 days unpaid statutory leave per year for unpaid carers
- Can be taken in half days, full days, or blocks of time
- Notice required is twice the length of the time to be taken or 3 days (whichever is greater)
- Employer can postpone
4. Maternity Leave, Adoption Leave & Shared Parental Leave (Amendment) Regulations 2024
6th April 2024
- When passed, will extend redundancy protection to cover pregnancy and for 18 months following the birth or placement of a child.
Pregnant employee who takes maternity leave
Start: When the employer has been notified of pregnancy
End: 18 months from the child’s date of birth if notified to employer before the end of maternity leave (or 18 months from the Expected Week of Childbirth if not notified)
(Includes any time spent in this period on maternity leave or other statutory leave)
Employees taking adoption leave
Start: Beginning of adoption leave
End: 18 months from date of placement or date of entry into Great Britain (if overseas adoption).
(Includes any time spent in this period on adoption leave or other statutory leave)
Employee who has suffered a miscarriage
Start: When the employer has been notified of pregnancy
End: Two weeks after the end of the pregnancy, for pregnancies ending before 24 weeks.
Note: Pregnancies ending after 24 weeks are classed as stillbirths and the employee would be entitled to statutory maternity leave (see employee who takes maternity leave).
Employee taking shared parental leave
Note: If the employee has also taken maternity or adoption leave, the above periods apply instead.
Start: Beginning of SPL
End: If less than six weeks of SPL is taken, at the end of SPL. If more than six continuous weeks of SPL is taken, 18 months from child’s date of birth (inclusive of any time spent on statutory leave).
5. The Paternity Leave (Amendment) Regulations 2024
6th April 2024 (where expected week of confinement or placement fall after this date)
- Leave & pay can be taken as two non-consecutive blocks of one week, rather than only in one block of either one or two weeks.
- Can be taken at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks after adoption or birth.
- Shorter notice provisions & right to vary dates.
6. The Workers (Predictable Terms & Conditions) Act 2023
Expected September 2024
- Workers & Agency workers will have the right to request more predictable terms and conditions of work where there is a lack of predictability to their working pattern.
- It will be possible to make two applications in a 12-month period.
- Applications may be rejected on statutory grounds
7. The Worker Protection (Amendment of Equality Act 2010)Act 2023
Expected October 2024
- Introduces a duty on employers to take reasonable steps to prevent sexual harassment of their employees.
- Gives 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.
Actions To Consider To Remain Compliant With Employment Law
- Update Policies
- Update Contracts
- Update Processes / Procedures
- Review & Update Recording & Monitoring Of Information
- Education & Training For Managers & Other Workers
- Review & Update Reporting
- Review & UpdateRisk Assessments
If you would like to have a chat with me about how I could help you ensure your business is ready for these employment law changes, please get in touch for a free, no-obligation 30 minute chat.
