It is the New Year and there are some changes to employment law coming in during the next few months. We outline the main ones we believe need employers’ attention.
Flexible Working Rights
Starting on 6 April, workers will be eligible to request flexible working from the first day of their employment, as opposed to the previous requirement of completing six months of employment. Currently we see few formal requests (as opposed to informal ones) but, with understandably less commitment to a new as opposed to an established employer, this could change.
Remember the right is only to request flexible working, not a right to be granted it. As an employer you still have the right to refuse it on certain specified grounds. One of these is a detrimental effect on the business. If flexible working impacts on the on-boarding or induction training for a new employee this could, potentially, be argued as having a detrimental effect on the business.
Another change is that requests will be able to be made twice a year. The need for training will probably be less after six months, meaning a request would need to be considered in much the same way as present.
“Common sense” on holiday pay
For leave years beginning on or after 1st April 2024 workers with irregular hours or those who work part of the year their holiday entitlement will now accrue at the end of each pay period at a rate of 12.07% of hours worked. This renders lawful a practice long adopted by many employers and will avoid the disproportionate entitlement accruing to those who work only part of a year.
If this is a change for you then you will need to amend contracts and ensure payroll practice is in accord.
New Right to Carer’s Leave:
Effective from 6 April, employees will be granted a new statutory right to a week’s unpaid leave to care for a dependent.
Most unpaid leave rights, notably Parental Leave, have had a minimal impact on employers. Under the new rights employee who are providing long term care will be able to take full or half days or a block of a whole week at once.
However, the entitlement will be to only one week’s unpaid leave per year. That does not seem very much. You may want to consider offering more flexibility beyond the statutory minimum to support employees with caring responsibilities, balancing it with the need to avoid potential discrimination.
More protection for pregnant employees
Pregnant employees or those returning from maternity, adoption, or shared parental leave will have priority status for redeployment opportunities in redundancy situations from April 2024. This is an enhancement to an existing provision and extends protection beyond the period of leave itself.
You may need to update your redundancy policies and ensure you understand and apply these enhanced protections.
Tips Allocation
The Employment (Allocation of Tips) Act 2023, which mandates fair allocation of tips to workers, is expected to come into force in May 2024. Employers may be called on to demonstrate the fairness of their logistics behind the allocation that they use.
If this is applicable to your business, you would be wise to prepare to demonstrate fairness in the allocation of tips.
Predictable contracts
It is anticipated that from September 2024 employees will have the right to request a predictable working pattern. This will impact on employers who rely on variable hours contracts and zero hours contracts. This will provide workers with greater predictability and stability in their working lives. But it will also introduce complexities in its practical application.
If this will affect you, then we would be happy to work with you to navigate these implications.
Workplace sexual harassment
The Worker Protection (Amendment of Equality Act 2010) Act 2023, placing a duty on employers to take reasonable steps to prevent sexual harassment in the workplace, is expected to come into force in October 2024.
For most employers this should not be a major change, but it is important to review and potentially bolster policies and training regarding workplace sexual harassment.
In conclusion
It’s crucial for businesses to stay updated with changes to employment law, proactively ensure their policies comply, and thereby foster a committed workforce.
Malcolm Martin FCIPD
Author Human Resource Practice
Blogs are for general guidance and are not an authoritative statement of the law.