2024: The HR & EMPLOYMENT LAW changes you need to be looking out for
2024 will be a transformative year for employers, with a wide ranging introduction of employment law changes that will have some form of impact on you and your business.
These changes are:
✅Changes to Flexible Working
✅Record Keeping of Working Hours
✅Holiday Pay and Leave
✅Covid Holiday Carryover
✅TUPE
✅The Protection from Redundancy Act
✅Worker’s protection Bill Becoming Law
✅The Workers (Predictable Terms and Conditions) Bill
✅The Carer’s Leave Act
✅The Neonatal Care Act
✅Labour Plans for Employment Law 2024
There’s a lot to process here, but we’re going to keep it short and sweet.
CHANGES TO FLEXIBLE WORKING
flexible working has become something everyone is aware of, and many employees want the right to work from home from day one of their job. In 2024, the UK government is planning to introduce new rules, so workers have more control over the work life balance.
Starting next year, workers will be able to ask for flexible working arrangements from the start of their job. Although the existing rules to refuse a flexible working request will still apply, employers must discuss the way they can work with this request. Employers can request up to two times in the space of a 12-month period and employers will be required to make a decision within 2 months of receiving this request.
These changes make it easier for employees to request and get flexible working conditions, therefore they will no longer be obliged to explain how the flexible working request will affect the employer or how they will handle that change.
RIGHTS TO REQUEST WORKING HOURS
Marking a notable entitlement for employees around September 2024 is the right for workers to request more predictable work schedules if they have unstable work hours.
Eligible workers are anticipated to be able to seek hours that are more stable after completing 26 weeks or more at their job. This includes those in zero-hour contracts, agency work, employees on fixed-term contracts lasting less than one year and regular employment. These requests will generally need to be accepted by employers unless there is a valid, legal reason to refuse the request.
Employers will need to keep a record of weekly working hours, there was some confusion following a tribunal judgment, but this will revert back from the 1st of January. That said it does not negate the need for employers to ensure that employees get their legal daily and weekly rest periods too.
HOLIDAY PAY AND LEAVE
Now the dates for calculating holiday pay and leave are currently to be determined. However, the government has announced a change and will allow business to reintroduced rolled-up holiday pay. This is exclusive to employees that work irregular hours such as those on zero-hour contracts and workers who only work for part of the year.
Presently, business have to provide employees with holiday pay when they take annual leave and they are not allowed to incorporate holiday pay into a worker’s hourly rate. However, with the return of rolled-up holiday pay, staff can calculate their annual leave and make use of the 12.07% accrual method.
COVID HOLIDAY CARRYOVER
Just in time for the holidays, the covid carry over will be removed from the 1st of January 2024 and any unused holidays must be used up by March 31st next year before being lost. If your work hours are a 9-5 and a base salary, there’s not much to change there. However, if you have different hours such as a zero-hour contract or get extra pay with overtime or commission, these new rules may have a heavier impact.
Employers should update any work contracts and policies and check back on how they are handling holiday pay. Updating the payroll systems would also benefit businesses to roll into the process as smoothly as possible. Not just this, but businesses must be upfront and encourage workers use their unpaid leave as well as keep them updated on things as well as pay their workers correctly to avoid miscommunication.
TUPE
The planned reforms to the TUPE consultation requirements have been approved. What is helpful news, small businesses with fewer than 50 employees or a transfer of fewer than 10 employees means that employers can consult directly with the employees if there are no existing worker representatives. This simply clarifies what many are doing anyway but is helpful operating with smaller transfers.
THE PROTECTION FROM REDUNDANCY (PREGNANCY AND FAMILY LEAVE) ACT
Yet again, we have another law that as been fast forwarded to 2024 and that is the protection from redundancy act in relation to maternity leave.
The new law improves protection for employees on maternity leave when their jobs are at risk if a business is having some cutbacks. As it stands, if a company is planning on downsizing, they have to offer other job options that are suitable for those on maternity leave (if there are any available).
Once this law takes effect, protection will also apply to workers on adoption or shared parental leave. In addition to this, this safeguard starts once the employer notifies their place of work about their pregnancy. This lasts for 18 months after the employee gives birth, you can do this through a written letter or verbally.
WORKER PROTECTION BILL BECOMING LAW
Sexual harassment in the workplace is something employers should be taking seriously. Although this law will not come into effect until October 2024, its confirmation is a big heads up to businesses and how they can plan a course of action. Overall, it’s a change and a way of making sure work feels safe and fair for everyone.
Employers are required to make the right steps to prevent sexual harassment in the workplace. If the employer fails in this duty, Employment Tribunals have the right to increase compensation for the complainant by up to 25%.
Employers need to create and update policies about harassment, helping employees feel comfortable reporting it. They should also give appropriate training to staff members, it’s all about creating a safe space.
THE WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILLS
The new Workers (Predictable Terms and Conditions) law allows all workers, including those on zero-hours contracts, to ask for a more predictable work schedule, which is now a legal right. The idea is to encourage workers to talk to their employers about when they work. The government knows flexible work is important, but they want to stop any unfair treatment of workers.
The aim of this bill is to get rid of any sour plays of power that could be taking place as well as follow positive development for workers in 2024 such as the increase in National Minimum wage. Which by the way, will be increasing from £10.42 to 11.44. that’s a whole 9.8% right back at you.
THE CARER’S LEAVE ACT
The Carer’s Leave Act will set to pave its way in 2024. This legislation introduces a yearly provision of one week of unpaid leave for employees who are caring for dependants with longstanding health needs. From accompanying someone to medical appointments to aiding with financial affairs.
The act is set to grant rights to eligible employees without the need for extra documents other than self-certification. Making the process smooth sailing for businesses, and it’s all from day one starting January 1st.
THE NEONATAL CARE (LEAVE AND PAY) ACT
This new law was widely expected to be enacted in 2025. However, it’s looking increasingly likely it will come into force in 2024. It’ll instil a sense of relief for parents of newborns.
If your newborn stays in the hospital for seven days or more within the first 28 days of life, you get Neonatal Leave and Pay. You can start taking this leave from day one at your job. Although formal notice is necessary, a verbal conversation can be had if it's right after the baby is admitted into the hospital. However, if you know in advance, giving a week's notice is better.
Parents can take up to 12 weeks of Neonatal Leave, all in one go, right after your maternity or paternity leave ends. To get paid during this time, you need to have worked for 26 weeks and earn more than £123 per week. With that said, the government hasn't revealed how these fit with shared parental leave just yet.
LABOUR’S PLANS FOR EMPLOYMENT LAWS
Finally, with the general election, the Labour party have some big plans for workers and Employment laws coming in 2024.
From the Labour party, there are plans to ban the cycle of fire and rehire. This means they plan on introducing better rules to change how unfair dismissals and redundancies work. Labour also want to set a wage for individuals that is actually liveable which means an increase in the National Minimum Wage.
In addition to this, there are also plans to say goodbye to zero-hour contracts, better sick pay and a new right allowing employees to switch off from work outside of work hours. They also want to put a bridge between the gender pay gap and treat mental health as important as physical health.
