2024 is a busy year for employment law and a busy year for employers who will need to get to grips with these changes. The changes can be broadly split into two categories – family friendly rights and pay.
FAMILY FRIENDLY RIGHTS
The effects of this legislation are expected to come into force on 6 April 2024. This will permit employees to take one week of unpaid leave, per holiday year, to care for a dependent with long-term care needs as detailed below: –
- A condition which amounts to a disability within the meaning of the Equality Act 2010.
- An illness/injury which is expected to require care for more than 3 months.
- Old age.
This is a ‘day one’ right where an employee can self-certify and where dismissal connected to taking their carer’s leave will be automatically unfair.
Protection from Redundancy (Pregnancy and Family Leave) Act 2023
This legislation is expected to come into force on 6 April 2024. Currently those on maternity, adoption or shared parental leave have the right to be offered suitable alternative employment (if it exists) during a redundancy situation – a rare safeguard for a select group of employees. This new legislation aims to extend this protection to include pregnant employees (protection commences as soon as the employee informs the employer of her pregnancy) and those who have recently returned from maternity, adoption or shared parental leave will have the protection extended to until the child is 18 months old (or 18 months from adoption) and therefore prevent employers from waiting until the employee has returned from the above leave before putting them at risk of redundancy.
The failure to follow this will give the employee the right to bring a claim for automatic unfair dismissal.
This will have an impact on employers if they are planning to restructure their business during 2024.
Paternity Leave (Amendment) Regulations 2024
This is expected to come into force in March 2024 however will only apply to children born or adopted on or after 6 April 2024. The aim is to make paternity leave less stringent. Employees will be entitled to take paternity leave as two one-week blocks, to take the leave within the child’s first year and the employee will only need to give 28 days’ notice to take the paternity leave rather than the current 15 weeks’ notice.
Employment Relations (Flexible Working) Act 2023
Flexible working laws will change this year. The important amendments from 6 April 2024 are: –
- The right to request flexible working will now be a day-one right.
- Employers must consult with the employee about their request however the current reasons which exist to refuse flexible working will still exist.
- A decision must be made by employer within 2 months.
- An employee will now be able to make 2 requests within a 12-month period instead of just one.
- Employees no longer need to explain as part of the request how the change will affect the employer or explain how to deal with that change.
ACAS has published a draft Code of Practice on requests for flexible working arrangements which can be found here.
PAY
National Minimum Wage
On 1 April 2024 national minimum wage (also known as the National Living Wage) will increase to £11.44 for workers aged 21 and over. This is the largest ever increase within one year. The age has also been reduced to 21 years old rather than the previous 23 years old. The rate for under 21 years old and apprentices will also increase.
Holiday pay
There are several changes taking place this year related to holiday accrual and pay. More information regarding this is explained in our December blog.
Employment (Allocation of Tips) Act 2023
Cash tips paid to workers are usually the legal property of the worker they were paid to. However, card payments are usually money owned by the business. The aim of this legislation is to ensure 100% of the electronic tips are dealt with in a fair and transparent way.
Employers will also be required to have a written policy on tips and keep a record for 3 years as to how tips have been dealt with. Employees will have the right to request information relating to the tipping record and payment should be made no later than the end of the month the tips were made. This will also apply to agency workers.
It is likely that this will come in force on 1 July 2024.
Our Tips
Considering the above employers should take steps to ensure that they understand their new obligations. With this they should review and update any relevant policies and update their record keeping systems. Further they should train relevant personnel (such as HR and managers) to ensure they are aware of these new rights and how to process them. Lastly, they should communicate these changes to employees.
If you are an employer and require assistance with the above, please contact us or telephone 01483 303636 to see how we can help you.
