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What’s the saying? You wait all day for a bus, and then three come? Well, the same can be said for the year ahead in employment law, after 2023 saw a number of new laws be made. As we enter 2024, we will start to see these new rights and entitlements come into force, and it means it’s going to be a busy one.
January
The emergency Covid rules implemented in 2020 allowing for four weeks leave to be carried over for up to two years are removed. All remaining leave under this must be used before 31 March 2024.
1 April
Employers whose annual leave year begins on or after 1 April 2024 will have the option to roll up holiday pay and pro rata annual leave entitlement for irregular hours workers and part year workers, overturning the in Harpur Trust v Brazel.
6 April
Carer’s Leave is expected to take effect, giving eligible employees the right to time off work to provide or arrange care for a dependant with a long-term care need. Your clients will need a policy, procedure and various documents to implement this, as well as ways of recording when carer’s leave has been taken and by whom.
Protection in a redundancy situation for those on maternity leave will be extended. Employees who inform their employer, on or after 6 April 2024 (if approved by parliament), that they are pregnant will have the right to be offered a suitable alternative vacancy, where one exists, above all other employees. Employees returning from maternity, adoption and shared parental leave will also be protected up to 18 months after birth or adoption.
Flexible working is also changing. The requirement for employees to have 26-weeks’ service to submit a request will be removed. Other changes are expected, including allowing two requests in a year and a shorter time to respond. It’s not yet been confirmed, but we expect these will come in at the same time.
The National Living Wage age band will be increased to include 21 year olds and the rate will see the biggest increase in a decade. National Minimum Wage and family related statutory pay such as Maternity/Paternity/Sick will also all increase which may leave small businesses wondering how they’re going to afford the new rates.
July
The need to consult with representatives in a TUPE situation, where there are no existing worker representatives in place, will be removed from July in certain circumstances. As this will mean consulting with potentially a larger group of people it may not make things easier for your clients.
If the law comes into force as expected, employers will no longer be able to keep any money given as a tip. Instead, they will have to fairly distribute them amongst staff.
September
It is expected that a new right for irregular hours workers to request a more predictable working pattern, following a similar process to flexible working, will come into force.
October
A new proactive duty on employers to prevent sexual harassment is due to come into force in late October 2024, which will put the obligation onto your clients to actively prevent harassment in the workplace.
Join our Holiday Entitlement within the workplace Webinar on Monday, 8 January
This webinar will outline the most recent legal developments for holiday entitlement and pay in the UK, and what these changes mean for employers. Register your interest!
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